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United States Solid Waste and EPA-530-B-99-002Environmental Protection Emergency Response August 1999Agency (5305W) http://www.epa.gov

StateScrap TirePrograms

A Quick Reference Guide:1999 Update

Printed on paper that contains at least 30 percent postconsumer fiber

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INTRODUCTION

Scrap tire management has been a serious concern over the past decade. Although greatstrides have been made in reducing the size and quantity of scrap tire stockpiles, at least 800 millionscrap tires remain in stockpiles across the country. Many of the stockpiles continue to receive morescrap tires each year. (See Tables 1 and 2, p. ii, for further information on scrap tire generation.) Inaddition, in 1996, approximately 266 million scrap tires were generated in the United States. Sincethe first scrap tire law was passed in 1985, 49 out of 50 States have addressed scrap tiremanagement through specific scrap tire laws and regulations or through State solid waste ortransportation legislation.

The Scrap Tire Management Council estimates that, in 1996, of the 266 million scrap tiresgenerated in the United States, approximately 24.5 million were recycled for purposes such asground rubber in products and asphalt highways, stamped products, and agricultural andmiscellaneous uses. An additional 10 million were beneficially used in civil engineering projects. These civil engineering uses are presented separately from the recycling figure because, althoughsome are recycled into products such as artificial reefs or septic system drain fields, many are usedin landfill construction and operation. In addition, 152.5 million were combusted for energyrecovery, and 15 million were exported. The remaining 64 million were landfilled or disposed of ineither legal or illegal stockpiles.

The following information summarizes each State’s scrap tire management legislation andprograms in a matrix for each State program. It is intended to provide State regulators, as well asmembers of industry, with a quick reference on State scrap tire programs across the country.

The matrix for each State program contains eight sections. The “State Contact” sectionprovides the name, address, phone number, and fax number of the scrap tire program manager forthe State; websites and e-mail information are given when available. The “Legislation andRegulations” section briefly outlines the history of scrap tire legislation for the State. The “FundingSources/Fees” section addresses the State funds and collection fees authorized by the State. The“Collector, Seller, and Hauler Regulations” section summarizes the regulations that apply to theseentities. Similarly, the “Storage and Processor Regulations” and the “Disposal Restrictions”sections outline relevant regulatory requirements. The “Financial/Market Incentives” sectiondiscusses grants and other programs that foster better scrap tire disposal/recycling wastemanagement and reduction. The “Additional Information” section provides information aboutactivities of interest related to scrap tires in a particular State, such as special field tests or studies,and innovative uses for scrap tires.

For the information contained in this publication, State Scrap Tire Programs: A QuickReference Guide, the U.S. Environmental Protection Agency (EPA) contacted all States for thelatest information (as of April 1998) on their programs. Overall figures for the information in this“Introduction” are based on estimates in the Scrap Tire Management Council's Scrap TireUse/Disposal Study, 1996 Update, April 1997.

For further information on scrap tire management, contact the EPA Resource Conservationand Recovery Act (RCRA)/Superfund Hotline, Monday through Friday, 9:00 a.m. to 6:00 p.m.

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Eastern Standard Time (EST). The national toll-free number is 800-424-9346. For the hearing-impaired, the number is TDD 800-553-7672. A document on scrap tire management, Summary ofMarkets for Scrap Tires, (Document No.: EPA/530-SW-90-074B, published October 1991), isavailable through the hotline or by writing: RCRA Information Center, U.S. EnvironmentalProtection Agency, Office of Solid Waste (5305W), 401 M Street SW, Washington, DC 20460. The full report, Markets for Scrap Tires (PB92115252), is available for $31.50 (subject to change)from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 22161, 703-487-4600.

Table 1Scrap Tire Generation: 1996

Passenger replacementa 175,328,000

Light truck replacementa 27,605,000

Medium, wide base, heavy & large off-the-roada 11,139,000

Farma 2,460,000

Tires from scrapped vehiclesb 49,476,000

Total Scrapped Tires 266,008,000

U.S. Population 265,100,000

Rate of Scrappage 1.00 per person

a Figures from Tire Industry Facts 1996, Rubber Manufacturers Association (in preparation).b Estimates based on four tires per scrapped vehicle. Vehicle estimates for 1994 from the

Statistical Abstract of the United States, U.S. Department of Commerce.

Source: Scrap Tire Management Council. 1997. Scrap Tire Use/Disposal Study, 1996 Update,Washington, DC.

Table 2Estimated Destination for Scrap Tires in 1996

Destination Percent of Generation

Recycled

Crumb Rubber 12.5

Cut/Stamped/Punched Products 8.0

Agricultural Uses 2.5

Miscellaneous Uses 1.5

Total Recycled 24.5 million 9%a

Beneficially Used in Civil Engineering 10 million 4%a

Combusted for Energy Recovery 152.5 million 57%a

Exported 15 million 6%a

Landfilled, stockpiled, or illegally dumped 64 million 24%

TOTAL GENERATED 266 million scrap tires 100%

a 202 million scrap tires, or 76% of the scrap tires generated in 1996, had markets. Adapted from Scrap Tire Management Council, 1997. Scrap Tire Use/Disposal Study, 1996 Update, Washington, DC.

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ALABAMA

State Contact Legislation and Regulations Funding Sources/Fees Collector, Seller, and Hauler Regulations

Disposal and Land FillingRussell KellyAlabama Department of Environmental Management (ADEM)Solid Waste Section1751 Congressman W.L. Dickinson DriveP.O. Box 301463Montgomery, Alabama 36130-1463Telephone: 334-271-7771FAX: 334-279-3050

RecyclingMichael ForsterAlabama Department of Economic and Community AffairsP.O. Box 5690Montgomery, Alabama 36103-5640Telephone: 334-242-5336FAX: 334-242-0552

Permitting for StorageAnthony SpencerAlabama Department of Public Health(RSA Tower, Suite 1250)Bureau of Environmental ServicesP.O. Box 303017Montgomery, Alabama 36130Telephone: 334-206-5373FAX: 334-206-5788

C Alabama’s Solid Waste Act was passed in May 1989. C Not addressed in legislation. C Not addressed.

Storage and Processor Regulations Disposal Restrictions Financial/Market Incentives Additional Information

C Facilities that process and/orstore tires must have a healthpermit.

C A manifest record showingorigin of tires delivered to siteand destination of tires leavingthe site, tire stackingdimensions, separationdistances and site description isalso required.

C Disposal facilities must have a solid waste permit. C Not addressed. C Three monofills for tires are permitted andoperating.

C In 1990, the State legislature required thata study be performed to plan for improvedscrap tire management in the State. ATire Recycling Center was established atGladsden State Community College in1990 to conduct this study. It wascompleted in August 1991.

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ALASKA


Glenn MillerAlaska Department of Environmental Conservation410 Willoughby AvenueJuneau, Alaska 99801-1795Telephone: 907-465-5153FAX: 907-465-5362E-mail: [email protected]

David WigglesworthAnchorage OfficeTelephone: 907-269-7582FAX: 907-269-7600

Tony BarterAlaskan Department of Transportation and Public Facilities500 East TudorAnchorage, Alaska 99507Telephone: 907-269-6230FAX: 907-269-6231

C No scrap tire legislation at the present time. C The Alaska program is funded 100%from the State’s general fund.

C No specific regulations.


C Not applicable: no tire pilesexceeding 500,000 tires areknown to exist.

C Not addressed. C Recycling bill gives bidders’ preferenceto recycled products.

C The Alaskan Department ofTransportation was the first in the UnitedStates to field test rubberized asphalt.

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ARIZONA


Sal Tandean or Barry AbbotArizona Department of Environmental Quality (ADEQ)Solid Waste SectionWaste Programs Division3033 North Central AvenuePhoenix, Arizona 85012Telephone: 602-207-2226FAX: 602-207-2383

C The Scrap Tire Law (HB 2687,Chapter 389) was passed in July1990 and took effect on September27, 1990.

C SB 1252, which took effect inSeptember 1991, amends the ScrapTire Law.

C HB 2144, which took effectSeptember 30, 1992, also amendsthe Scrap Tire Law.

C SB 1024 and 1228, both of whichtook effect in July 1997, amend theScrap Tire Law.

C A waste tire fund was established inSeptember 27, 1990. Monies are raisedthrough a 2% sales tax (not to exceed $2/tire)on the retail sales of new tires.

C Counties receive a share of the waste tirefund based on the number of vehicleregistrations in each county.

C New car dealers can charge a maximum of$1/tire at the sale of a new car. New cardealers can charge a greater amount if theyspecify the dollar amount and its purpose.

C The 1997 amendment of the law extends the2% new tire sales fee program to December31, 2002.

C Retail tire sellers must accept waste tires from customersat the point of transfer.

C Scrap tire collection sites must be approved as a solidwaste facility by the Department of Environmental Quality.

C Scrap tire collection sites must require, and tire sellersmust show, a manifest for disposal of waste tires at thesite.

C DEQ registration is required for all collection sites.

C State-funded waste tire collection sites must accept up tofive tires per person per year from county residents with nofee assessed; they must accept waste tires from retailsellers of new tires with no fee. However, if a county candemonstrate that the funds it receives from the waste tirefund are insufficient to manage its program, then thecounty may charge a fee for disposal.

C A county or private enterprise receiving a contract or grantfor tire management activities must provide at least onewaste tire collection site in the county and may not refuseto accept waste tires from designated dealers.


C A site at which 5,000 or more scraptires are stored outdoors on any dayis subject to self certificationrequirements including the financialassurance requirement.

C A site at which more than 500 andfewer than 5,000 tires are stored onany day is subject to waste tire bestmanagement practices.

C A site at which more than 100 andfewer than 500 tires are stored issubject to proper storage practicesoutlined in the statute.

C A site at which fewer than 100 tiresare stored is subject to local zoningand fire codes.

C As of January 1992, whole tires are banned fromdisposal in landfills. Chopped or shredded tires can bemonofilled, but not landfilled. Chopped or shreddedtires can also be used as waste tire daily cover at a solidwaste landfill after ADEQ specifies the size of the partsinto which the material must be cut.

C Rules were passed by the State’s Regulatory ReviewCouncil in November 1992 that affect the disposal ofscrap tires generated at mining facilities. Burial of tiresgenerated at mining facilities will be permitted on-site fora period of 5 years. Companies must report to the DEQthe number of tires buried and allow inspection of tiredisposal operations.

C Scrap tire manifests are required for disposal of tires ata collection site.

C The waste tire fund established in 1990is used to provide funds to counties foruse in contracting with privateenterprises for waste tire processingand/or collection facilities.

C A permit to burn a tire-derived fuel canbe issued by ADEQ if it isdemonstrated that the burning willresult in equal to or lower emissionsthan the burning of other types of fuelpermitted by the Department and theapplicant has met all requirements ofTitles I and V of the Clean Air Act. Aspart of the demonstration, previoustests approved by EPA shall beaccepted by ADEQ.

C Extensive field demonstrations and tests ofrubberized asphalt have been performedover the past 20 years by the City ofPhoenix.

C An Arizona crumb rubber facility has beenin operation to process 3.5 million scraptires annually for use in rubberized asphalt(90%), rubber hose, and other products(10%).

C An Arizona cement kiln has an air qualitypermit to burn waste tires.

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ARKANSAS


Elizabeth HooverState of Arkansas Department of Pollution Control and EcologySolid Waste DivisionP.O. Box 8913Little Rock, Arkansas 72219-8913Telephone: 501-682-0583FAX: 501-682-0611

C Act 752, enacted in 1991, establishes regional solid wastemanagement authorities and requires authorities to providecollection centers for tires.

C Act 748, enacted in 1991, provides for an income tax creditfor equipment used exclusively to reduce, reuse, or recyclesolid waste.

C Act 749, enacted in 1991, requires tire regulations to bewritten. These regulations were promulgated in July 1992. The Act includes language regarding the hauling, storage,and disposal of tires and requires permits for theseactivities.

C Act 1292, enacted in 1997, establishes the current tire retailsales tax. It also mandates additional reportingrequirements for tire retailers and new motor vehicledealers.

C Monies collected are placed in theWaste Tire Management Fund toprovide grants for tire cleanup,recycling, and the establishment ofwaste tire collection centers.

C The Tire Grant Program sets aside 10%of total grant funds for special grants todistricts for the removal of tires fromillegal disposal sites.

C Since July 1991, there is a $1/tire feeon all tires imported into Arkansas fordisposal.

C Since August 1997, a $1.75/tire retailsales tax is collected. Each RegionalSolid Waste Management District(RSWMD) is allowed to assess aseparate fee on truck tires--no morethan $4–since January 1, 1998.

C Permits are required for haulers of scraptires handling more than 25 tires per load.

C Collection centers must be permitted.

C Sellers are required to file monthly returnswith the Department of Finance and theapplicable solid waste management district.


C Storage sites with over 1,000tires must be permitted as aprocessing facility.

C Since July 1992, whole tires have been banned fromlandfills. Scrap tires can be landfilled if they are cut, sliced,or shredded, or they can be monofilled.

C An income tax credit is available tobusinesses engaged in the reduction,reuse, or recycling of solid wastes.

C A 10% price preference is given for thepurchase of retreads for State vehicles. If the retread tires were produced inArkansas, an additional 1% pricepreference is added.

C A 30% income tax credit is available towaste management companies thatinvest in equipment used to reduce,reuse, or recycle solid waste, includingscrap tires.

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CALIFORNIA


GeneralTom DitschCalifornia Integrated Waste Management Board (CIWMB)Waste Prevention and Market Development Division8800 Cal Center DriveSacramento, California 95826Telephone: 916-255-2578FAX: 916-255-2222E-mail: [email protected] site: http://www.ciwmb.ca.gov

Regulations and PermittingCody BegleyCalifornia Integrated Waste Management BoardPermitting and Enforcement Division8800 Cal Center DriveSacramento, California 95826Telephone: 916-255-4165FAX: 916-255-4071Web site: http://www.ciwmb.ca.gov

C SB 1322 was passed in 1989. It allows the Department of GeneralServices and the California Integrated Waste Management Board(CIWMB) to promulgate regulations for State purchase of retread tiresand requires the use of retreads on State vehicles (other than high-speed vehicles) after July 1, 1991.

C Under Assembly Bill 1843 (1989), the CIWMB was required to developa permit program for waste tire facilities; set up a tire recycling programto reduce the landfilling of whole tires; and report to the legislature onthe feasibility of using tires as a fuel supplement in cement kilns, lumberoperations, and other industrial processes. The permit program andrecycling program have been in place since 1993. The feasibility reporthas been completed.

C CIWMB’s final regulations for minor and major tire facilities went intoeffect in 1993.

C AB 1306 requires that the California Department of Transportation(CalTrans), with CIWMB, review and modify all bid specifications forpaving materials to encourage use of recycled materials, includingscrap tires.

C New legislation regulating waste tire haulers was adopted in May 1996.

C Since July 1, 1990, a $1.00/tirefee is collected on all tires atpoint of sale. The feegenerates $3 million to $4million annually for theCalifornia Tire RecyclingManagement Fund. TheCIWMB is administering thefund.

C Transporters hauling more than fourtires must register with CIWMB.


C Since July 1, 1992, new majorwaste tire facilities (over 5,000stored tires) must obtain amajor waste facility permit fromthe CIWMB. Permitrequirements include fireprevention, security and vectorcontrol measures, tire pile sizeand height limits, closure andpile reduction plans.

C In February 1992, the CIWMBissued requirements forobtaining a minor (under 3,000tires) waste tire facility permit.

C Since January 1, 1993, whole tireshave been banned from landfills.

C A 5% purchase price preference is available for State-purchasedproducts made from materials derived from used tires.

C The CIWMB has a grant and loan program to encourage therecycling of tires.

C The CIWMB has the authority to issue grants and loans to qualifiedcompanies engaged in tire recycling, reuse, recovery or reductionoperations, including tire shredding, crumb rubber production,pyrolysis, and the manufacture of products from scrap tires.

C The CIWMB is mandated to designate market development zonesand provide economic and regulatory incentives to businesses withinthese zones for producing end products made with no less than 50%recycled material.

C Grants are made to Local Enforcement Agencies.

C Stabilization and remediation of wastetire sites.

C Conferences and workshops topromote recycling.

C Collection and analysis of emissionsdata from facilities using TDF.

C Civil engineering investigations.

C Local fire authority training.

C Emissions testing at coal-firedcogeneration facilities.

C Rubberized asphalt concrete technicalassistance center.

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COLORADO


GeneralGlenn MalloryColorado Department of Public Health and EnvironmentHazardous Materials and Waste Management DivisionHMWMD-SWIM-B24300 Cherry Creek Drive SouthDenver, Colorado 80222-1530Telephone: 303-692-3445FAX: 303-759-5355

Market IncentivesSteve JohnsonColorado Housing and Finance Authority1981 Blake StreetDenver, Colorado 80202Telephone: 303-297-7363FAX: 303-297-2615

C Solid waste regulations affecting scrap tiremanagement became effective in May 1988. These regulations govern the final disposal oftires and regulate any site containing 10,000or more tires as a solid waste facility.

C An enforcement program is in place.

C Since January 1, 1994, retailers of new tires or of new orused motor vehicles collect a recycling development feeof $1/tire on any waste tire to send to the State’sDepartment of Revenue for deposit in the Waste TireRecycling Development Cash Fund (Fund). Retailersand the Department of Revenue each can retain up to 3-1/3% of the fee for administrative costs.

C Tires that are recapped or otherwise reprocessed for useare exempt from the fee.

C Not addressed.


C A facility is limited in the numberof tires it can accept to thenumber it can process, store,recycle, or dispose of in a year.

C Storage requirements includefire control, security measures,access roads, and proper solidwaste and environmentalpermits.

C Safe storage is defined asplacing tires or tire shreds intrenches and covering themwith sheets of plastic and dirt.

C Not addressed. C A 20% tax credit for recycling equipment purchases.

C Market incentives from the Fund are administered by theColorado Housing and Finance Authority.

C Fund money may be loaned to local governmentalentities but only if no private individual or entity in thegeographic area served by the government entity isengaged in the waste diversion or recycling projects ofwaste tires.

C At least 15% of the Fund is available to individuals orentities engaged in waste diversion or recycling programsin rural areas of the State.

C No less than 30% of the Fund is available for newbusinesses to be used for startup costs, and no morethan 34% may be awarded to a single individual or entity. Moneys provided must not be the sole source of funding.

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CONNECTICUT


Carey HurlburtState of ConnecticutDepartment of Environmental ProtectionWaste Management BureauPlanning and Standards Division79 Elm StreetHartford, Connecticut 06106-5127Telephone: 860-424-3248FAX: 860-424-4081

C Guidelines for Rubber Tire Storage Areas (1978-80).

C Tires are managed as a special waste under theConnecticut General Statutes, which became effectiveFebruary 1985.

C The State Mandatory Recycling Act designates tires asfuture recyclables.

C Not addressed. C Any tire handler must comply with theregulations set out in the ConnecticutGeneral Statutes.


C Tire storage facilities must belicensed by the Department ofEnvironmental Protection. Requirements include groundwater protection, environmentalhealth and safety provisions andfinancial assurance.

C Tires may be accepted at landfills until there are sufficientfacilities with tire recycling capabilities in the State.

C State has a 10% price preference forproducts made from recycled materials.

C A 300 ton/day scrap tire-to-energy facilityis now operating in the town of Sterling. In1991, tires began to be diverted fromlandfills to a waste-to-energy facility in theState. The facility operates in Sterling,CT, and is burning approximately 106,600tons (10 million tires) annually.

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DELAWARE


Janet ManchesterDelaware Department of Natural Resources and Environmental ControlDivision of Air and Waste ManagementSolid Waste Management Branch89 Kings HighwayP.O. Box 1401Dover, Delaware 19903Telephone: 302-739-3820FAX: 302-739-5060Web site:http://www.dnrec.state.de.usE-mail:[email protected]

C No scrap tire legislation at the present time. However, tiresare being managed as either a solid waste or recyclablematerial under existing solid waste regulations.

C New Regulation (1997) prohibits outdoor storage of tireswithout first obtaining a permit from the State Fire Marshal’soffice. (See Delaware State Fire Prevention Regulations,Part VI, Chapter 5.)

C Not addressed. C Scrap tire haulers are not required to bepermitted or registered. Tire haulers areexempt from the $300 fee for solid wastetransporters.


C Permit must be obtained fromState Fire Marshal for outdoorstorage.

C The State’s three sanitary landfills are permitted to accepttires for landfilling provided that the tires are shredded orsplit. Whole tires in excess of 10 per truckload areprohibited from being landfilled.

C The State’s Green Industries Initiativeprovides tax incentives and/or lowinterest loans to business and industryto use recycled materials inmanufacturing or to processrecyclables. To date, two loans havebeen given out under this program,including one to a crumb rubberoperation.

C The landfills have implemented a tippingfee of $95 per ton for whole tires, whichthey divert to a tire-to-energy facility. Shredded and sliced tires are accepted atthe regular tipping fee of $58.50 per ton.

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FLORIDA


Bill ParkerState of Florida Department of Environmental ProtectionSolid Waste Section MS-4565Twin Towers Office Building2600 Blair Stone RoadTallahassee, Florida 32399-2400Telephone: 904-488-0300FAX: 904-414-0414E-mail: [email protected]

C SB 1192, enacted in 1988, is the Solid Waste Act. Scraptires are addressed by the Act.

C Section 62-711 of the Florida Administrative Code definesterms and contains rules for handling and disposing ofwaste tires.

C A $1/tire tax on the retail sale of newtires.

C Retreads are exempt.

C Waste tire collectors must be registeredwith the Department of EnvironmentalProtection.

C Collection centers must have a permit.


C Waste tire sites must be closedor located at a permitted facility.

C Processing or disposal facilities,collection centers, and mobileoperators must have a permit.

C Tires must be cut into at least eight pieces prior tolandfilling.

C Counties receive grants that can beused to buy products made from wastetires.

C Florida Department of Transportationspecifies rubber modified asphalt for allsurfacing contracts.

C Waste tires are used as fuel in cementkilns, power plants, and paper mills.

C Shredded tires are used above the liner inlandfill construction.

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GEORGIA


Denny JacksonScrap Tire Management ProgramGeorgia Department of Natural Resources4244 International ParkwaySuite 104Atlanta, Georgia 30354Telephone: 404-362-4500FAX: 404-362-2693E-Mail:[email protected] site: http://www.dnr.state.ga.us

C HB 1385, a recycling amendment to the 1990 State SolidWaste Management Act that includes tires, was passed inMay 1992.

C Georgia’s Waste Tire Committee and regulators from theEPD have written proposed carrier and generator rulesrequired by HB 1385. They were promulgated inDecember 1992 and were effective January 1993.

C As of July 1, 1992, there is a $1/tiremanagement fee on the sale of newpassenger and truck tires.

C HB 1385 requires generators of scrap tiresto obtain an identification number. Carriers must obtain permits includingfinancial assurance.

C HB 1385 establishes a manifest/trackingsystem for scrap tires.

C Retail dealers must keep accurate recordsand report to the EPD quarterly on thenumber of new replacement tires sold.


C No one may store more than 100scrap tires anywhere in the State.Exceptions include:

- Solid waste disposal sites witha permit to store scrap tiresprior to disposal;

- Tire retailers, if the number ofscrap tires stored is under3,000;

- Tire retreader with not morethan 1,500 scrap tires, if thetires will be retreaded;

- Auto salvage yards with notmore than 500 scrap tires instorage.

C Storage and processing facilitiesmust comply with pile dimensionrequirements.

C Processors of scrap tires mustrecycle 75% of incoming tires perquarter.

C Since January 1, 1995, whole tires have been banned fromlandfills. Shredded or chopped tires can be landfilled if noother end markets are available.

C Monies generated by the state fees areused for:

S Scrap tire abatement projects byState contractors;

S Grants to local governments forenforcement and educationalprograms;

S Reimbursements to localgovernments for scrap tire recyclingevents;

S Reimbursements to localgovernments for scrap tire pilecleanup projects;

S Grants to universities andgovernmental agencies for innovativetechnology development.

C The EPD is gathering information on thelocations and number of tires inunpermitted tire stockpiles in the State.

C Criteria for scrap tire dump abatementwere developed in 1993.

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HAWAII


John HarderHawaii Department of HealthOffice of Solid Waste ManagementSuite 210919 Ala Moana BoulevardHonolulu, Hawaii 96813Telephone: 808-586-4240FAX: 808-586-7509

C Effective July 1, 1994, Chapter 342I, Hawaii RevisedStatutes (H.R.S.) prohibits the disposal of whole used motorvehicle tires at all landfills and incinerators within the Stateof Hawaii. Tire retailers are required to accept used tires inexchange for new ones purchased. There is no tax on theretail sale of tires.

C To date there is no tire advancedisposal fee.



C Tire storage, shredding andprocessing facilities are nowrequired to seek permit approvalas described in HawaiiAdministrative Rules Title 11,Chapter 58.1, “Solid WasteManagement Control.”

C Since July 1, 1992, whole tires have been banned fromlandfills and incinerators within the State of Hawaii.

C The Department of Accounting andGeneral Services has finalized (underlegislative direction) its procurementrules and specifications. They includea 10% preference for products madewith recycled materials, includingretread tires. The rules werepromulgated by mid-1993.

C Shredded tires are sold to a coal plant foruse as fuel.

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IDAHO


Todd MontgomeryState of IdahoDivision of Environmental Quality (DEQ)1410 North Hilton StreetBoise, Idaho 83720Telephone: 208-373-0464FAX: 208-373-0417

C HB 352, passed in March 1991, addressed acceptance of scrap tires, collection sites, anddisposal of scrap tires.

C A $1/tire fee on the retail sale of motor vehicle tires,established as part of HB382, sunsetted June 30,1996.


C Tire sellers must accept a number ofscrap tires from consumers fordisposal/recycling equal to the number oftires sold/year.

C Scrap tire collection sites must registerwith the DEQ.


C An owner or operator of a wastetire collection site must registerwith the Division ofEnvironmental Quality andprovide information concerningthe site’s location and size andthe approximate number ofwaste tires that are stored at thesite.

C Disposal of tires at landfills and incinerationsites is banned (except as allowed underpermissible fuel uses), effective July 1, 1993.

C Since January 1, 1993, tires must bedisposed of at scrap tire collection sites.

C Each county was required to establish aprogram addressing waste tire disposal byOctober 1, 1992.

C The Waste Tire Grant program is no longer inexistence.

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ILLINOIS


GeneralAlan JusticeState of IllinoisDepartment of Commerce and Community Affairs (DCCA)Bureau of Energy and Recycling325 West AdamsRoom 300Springfield, Illinois 62704-1892Telephone: 217-785-3999FAX: 217-785-2618

Regulations and CleanupPaul PursegloveIllinois EPABureau of Land1001 North Grand Avenue EastSpringfield, Illinois 62702Telephone: 217-524-5597FAX: 217-524-1991

C HB 1085 (PA 86-452), enacted August 31, 1989, amended theEnvironmental Protection Act to create the Used Tire ManagementProgram. Financial assistance can be provided to local governments forcleanup of tire piles, development of markets for tire-based products, andregulations to control mosquito infestations in tire piles.

C SB 989 (PA 87-727), enacted September 23, 1991, further amended theEnvironmental Protection Act by establishing a new fee on tires sold,setting priorities for how monies generated are earmarked, requiring tireretailers to accept used tires for recycling, and requiring the developmentand implementation of a plan to eliminate large tire piles. The Act alsocreated a waste management hierarchy for used tires generated.

C HB 1159 (PA 87-476) enacted September 13, 1991, amended the CivilAdministrative Code of Illinois by requiring the Illinois Department ofCentral Management Services to develop and implement a program touse retreads as replacement tires on State-owned vehicles wheneverpossible.

C Title 14, Section 55.8(c), of the Illinois Environmental Protection Actauthorizes retailers to enter agreements with their suppliers to have thesupplier remit the $1/tire fee collected to the State.

C The State has regulations that apply to generators, transporters, andprocessors of used and waste tires. The regulations are Part 848 of theIllinois Pollution Control Board’s regulations.

C Since July 1, 1992, any personoffering tires at retail sale in Illinoismust collect a fee of $1/tire sold anddelivered in the State. After collectionallowances are paid to the retailer andthe Illinois Department of Revenue,$0.80 of each dollar is deposited intothe Used Tire Management Fund. Approximately $7 million is expectedto be generated annually.

C Final rules for licensing scrap tiretransporters were finalized in 1990.

C Since July 1, 1992, any personoffering tires for retail sale mustaccept for recycling one used tire forevery tire sold.

C Since July 1, 1992, any personoffering tires for retail sale in Illinoismust post a written notice thatincludes the universal recyclingsymbol and the following statement:“DO NOT put used tires in the trash”;“Recycle your used tires”; and “Statelaw requires us to accept used tiresfor recycling, in exchange for newtires purchased.”

C Any retailer that collects used tires forrecycling under PA 87-727 may notallow the tires to accumulate for aperiod of more than 90 days.


C Since April 1991, scrap tire storage facilities arerequested to limit tire pile size, and ensure thatwater does not accumulate in tires. Site ownersmust maintain daily records of tires receivedand/or processed.

C Sites with more than 5,000 tires are required tohave financial insurance to cover the cost of sitecleanup.

C Since January 1992, processors have beenregulated. Provisions include ensuring that tiresare processed in a manner that prevents wateraccumulation.

C Since January 1, 1992, no one can operate a tirestorage site containing more than 50 used tiresunless the site has been registered with the IllinoisEnvironmental Protection Agency. Registeredsites must report the number of tires accumulated,the status of vector control, and the actions tohandle and process the tires.

C Since July 1, 1994,whole tires arebanned fromlandfills.

C A portion of the money generated from the $1/tire fee imposed by PA87-727 will be available to the Illinois DCCA to providemanufacturing/processing grants and loans,procurement/demonstration grants, research/development grants, andmarketing grants.

C The Illinois DCCA Used Tire Recovery Program awards grants and lowinterest loans to expand existing used tire processing facilities in theState and to promote beneficial end uses of tires. For example, theProgram has provided funding to:

S Waste Recovery - Illinois for the purchase of equipment to processscrap tires into tire-derived fuel;

S Laidlaw Waste Systems, Inc. to build a roadway with waste tire-derived material as an insulating road base;

S Over 100 schools, colleges and universities to assist in the purchaseof outdoor, all-weather running tracks made from tire-derivedmaterial;

S Construct, with tire-derived materials, over 150 playgrounds and over40 horse arenas;

S Illinois Cement Company to purchase a feeding system to introducewhole tire-derived fuel into their cement kiln.

C The Illinois Environmental ProtectionAgency (EPA) may allow, on a case-by-case basis, the use of alternativematerials, including shredded tirematerial, to serve as a daily cover atsanitary landfills.

C Illinois has an active tire cleanup program. The State will remove up to 1,000 tiresfrom private property at no expenseprovided the property owner agrees to nofurther accumulations. The State has alaw, Section 55.3 of the IllinoisEnvironmental Protection Act, that allowsEPA to order a property owner to removetires from his or her property and followsup with a State removal and cost recoveryif the owner is unwilling or unable tocomply. The Illinois EPA averages 100cleanups each year, with 1.5 to 2 milliontires removed from open dumps yearly.

xvi

INDIANA


GeneralDebby BakerIndiana Department of

Environmental Management(DEM)

Office of Solid and HazardousWaste

100 N Senate AvenueP.O. Box 6015Indianapolis, Indiana 46206-6015Telephone: 317-232-0066FAX: 317-232-3403

Market IncentivesJose EvansEnergy Policy DivisionIndiana Department of CommerceOne N. Capitol Avenue, Suite 600Indianapolis, Indiana 46204Telephone: 317-232-8951FAX: 317-232-8995

C HB 1391, signed into law March 1990, established regulationson the disposal of lead acid batteries and waste tires.

C HB 1056, an act amending HB 1391, was passed in 1990. When HB 1056 sunsetted, it was replaced by HB 1047, whichrequires that rules be written on tire storage and transport. HB1047 also extended the life of the Waste Tire Task Force.

C PL 19, passed in 1990, created the Waste Tire ManagementFund and established a price preference for recycled materials,including retread tires.

C PL 236, passed in 1991, affects tire retailers, wholesalers,haulers, and processors. Haulers must comply with 329Indiana Code (IAC) 12-6. Processors must comply with 329IAC 12-5.

C PL 88, passed in March 1992, set up a registration system forstorage of waste tires. Storage sites must comply with theregistration and operational requirements of 329 IAC 12-5.

C Article 15 for waste tire management is expected to bepromulgated in 1999.

C As of July 1991, a waste tiremanagement fund was created.

- 35% is for removal and disposal ofimproperly disposed tires and foroperating the waste tire educationprogram and to pay administrativeexpenses;

- 65% assists the Department ofCommerce to provide grants andloans to people involved in wastetire management activities and topay administrative expenses.

C The fund is supported by a $0.25 feeassessed on each new tire sold inIndiana and is administered by theIndiana Department of EnvironmentalManagement.

C Provisions and permit fee amounts havebeen established for registering scrap tirehaulers.

C Tire retailers are required to post a notice inthe establishment advising customers thatthe retailer is required to accept thecustomers’ used tires for recycling.

C Retailers must retain one used tire for eachnew tire sold.

C A manifest form is required for shipment ofscrap tires from a generator to a disposal orprocessing facility.

C Haulers transporting more than 20 scraptires in Indiana must register with IDEM andcomply with the requirements of 329 IAC12-6, which includes manifesting.


C A permit is required for scrap tirestorage facilities.

C Most facilities that cut, shred orgrind tires are required to beregistered as a waste tireprocessing facility. Thefollowing facilities are notrequired to be registered:

- A generator (tire dealer, autosalvage yard) that onlyprocesses tires generated byits business;

- A facility registered as awaste tire storage facility.

- A mobile shredder that onlyprocesses tires at the site ofgeneration;

- A tire recapper.

C IAC 13-20-14 states that “A whole waste tire maynot be disposed of at a solid waste landfill afterJuly 1, 1995.”

C IDEM has determined how a tire may be altered so itis no longer a whole tire and thus may be disposedof into a solid waste landfill.

- A tire which has the sidewalls cut and theremaining tread intact, resulting in three pieces(two sidewalls and the tread); or

- A tire which has been cut, at a minimum, into four(4) relatively equal pieces. The tire can be laid onits side and cut like a pie through the bead andtread into four pieces. Both sidewalls can be cutout of the tire and the remaining tread cut into tworelatively equal pieces. The tire may be split inhalf along the center of the tread (a bagel cut) andthe resulting two pieces each cut in half. Eachlandfill site may require additional processing ormay refuse to accept any tire material.

C The Indiana Dept. of Commerce Energy Policy Division (EPD)administers the Recycled Tire Product Procurement Grants Program, established January 1995, which awards grants of upto $40,000 for Indiana local and state government agencies topurchase products made from recycled Indiana scrap tires topromote and demonstrate the use of products made fromrecycled scrap tires. Grantees must provide a minimum of 50percent of the total project cost.

C EPD administers the Recycled Tire Product Marketing GrantsProgram, established January 1995, which awards grants of upto $20,000 for Indiana businesses to promote and marketproducts made from recycled scrap tires. Grantees must providea minimum of 50 percent of the total project cost.

C EPD administers the Tire-Derived Fuel Testing Grants Program,established January 1995, which awards grants of up to $30,000for utilities, pulp and paper mills, cement kilns, and otheroperations with appropriate pollution control equipment to testthe use of tire-derived fuel in their operations. Grantees mustprovide a minimum of 50 percent of the total project cost.

xvii

IOWA


Mel PinsState of Iowa Department of Natural Resources (DNR)Waste Management Assistance Division502 East Ninth StreetHenry A. Wallace Bldg.Des Moines, Iowa 50319-0034Telephone: 515-281-8489FAX: 515-281-8895

C House File 753, the Waste Management andRecycling Act, was passed in 1989. A portion ofthe Act addresses waste tire disposal.

C House File 706, Registration of Waste TireHaulers, was passed in 1990.

C House File 2433, establishing a Waste TireManagement Fund, was passed in 1996. Thefund provides a total of $15 million over six fiscalyears, 1997-2002, for a variety of waste tirerelated programs, including grant funding forcounty waste tire collection and managementprograms, incentive grants for eligible waste tireprocessors located within the State, grants to thethree State universities to encourage the use oftire-derived fuel, and funds for the abatement ofnuisance stockpiles.

C In conjunction with requirements set forth inHF2433, the Department is currently developingadministrative rules defining beneficial uses ofwhole or processed waste tires, including usesrelated to civil engineering practices, erosioncontrol, and agricultural practices.

C The 1996 legislation provided for thereallocation of a portion of an existing $5surcharge, which is collected at the time ofa motor vehicle title issuance or transfer, tothe Waste Tire Management Fund for fiscalyears 1997-2002.

C The Landfill Alternatives FinancialAssistance Program (passed as part of the1987 Iowa Ground Water Protection Act) isfunded by a tonnage fee (a surcharge on allwastes), paid in addition to a tipping fee, atlandfills.

C HF 706 requires that waste tire haulers registerwith, and obtain a certificate of registration fromthe Secretary of State’s Corporations DivisionOffice. A $10,000 surety bond is required ofeach hauler to be registered. “Waste tire hauler”means a person who transports for hire morethan 40 waste tires in a single load forcommercial purposes.

C Haulers are liable for any costs associated withimproper disposal of tires.

C Generators of scrap tires must contract with aregistered hauler for removal of scrap tires.

C Transporters of scrap tires for final land disposalare required to dispose of the tires at permittedsanitary disposal facilities.


C HF 2475 established permittingrequirements for waste tirestorage and processingfacilities. The requirementsinclude a permit fee and afinancial assurance instrumentand apply to facilities with morethan 500 tires.

C House File 228, passed in 1997,allows authorized vehiclerecyclers to store or collect upto 3,500 waste tires without awaste tire storage permit.

C House File 653, also passed in1997, provided that allrequirements for financialassurance became effectiveJuly 1, 1998.

C Since July 1, 1991, disposal of whole tiresin landfills is banned. Tires must beprocessed by, at a minimum, shredding,cutting, or chopping into pieces that are nolonger than 18 inches on any side.

C Disposers of waste tires must contract witha registered hauler for removal of wastetires.

C The Landfill Alternatives Financial AssistanceProgram provides funding for source reductionand recycling projects. Since 1988, nine projectsfor scrap tire management have received funding.

C House File 2433 provides eligible waste tireprocessors located within the State a grant of upto $20,000 annually, as an incentive to encouragesuch processors to lower the rates at which theysell processed waste tire materials.

C The Waste Tire Management County GrantProgram has been established in conjunction withHF2433. The program provides competitive grantawards to counties for the implementation ofwaste tire collection and management programsat the local level. An average of $1 million isavailable annually for the program, with grantfunds to be used for waste tire collection andprocessing fees, an educational component to theprogram, and promotional and administrativeexpenses.

C As mandated in HF2433, the Department beganimplementing a Waste Tire Stockpile AbatementProgram in fiscal year 1998. The program willprovide the Department with funding in order tocontract for the removal and abatement ofapproximately 6 million waste tires, contained inover 60 stockpiles statewide.

C As of 1998, one cement kiln, one industrial plant,and one State university use tire-derived fuel(TDF) as a supplement to their primary fossilfuel resources. An in-state processor alsomanufactures agricultural equipment bushingsfrom bias-ply tire casings.

C A second state university will begin using TDF in1999.

C A private boiler is to have conducted a test burnof TDF in 1998 and, if successful, maypermanently use TDF.

xviii

KANSAS


Joe CroninKansas Department of Health and

EnvironmentBureau of Waste ManagementForbes Field, Building 740Topeka, Kansas 66620Telephone: 913-296-1667FAX: 913-296-1592

C Kansas Statutes Annotated 65-3424 through 65-3424m andKansas Administrative Regulations 28-29-28 through 28-29-33 pertain to waste tire management.

C An excise tax of $0.50 on the retail saleof new tires. An estimated $1.2 millionper year in tire fund revenues will beused for grants to local governmentsand program administration.

C Excise tax will be reduced to $0.25 pertire on July 1, 2001.

C The Waste Tire Management Fund wasestablished in 1990 to provide grants tocities and counties for scrap tirerecycling, management, collection, anddisposal operations and to enforce lawsrelating to collection and disposal fees.

C Waste tire transporters are required to havepermits and provide financial assurance.


C Permit requirements for wastetire processing facilities, mobilewaste tire processors, andcollection centers includezoning and site plans, amanagement/operation plan forthe site containing informationon the number of tires to beprocessed, type of processingto be used, a contingency planfor fire or other emergencies,proof of ownership of site, aclosure plan, financialassurance, pile size limitations,and site operation standards.

C As of July 1, 1990, whole tires are banned from disposal inlandfills.

C Tires, if cut sufficiently small, may be disposed of inlandfills.

C Tires may be disposed of only in permitted disposalfacilities.

C After July 1, 1999, tire disposal only in permitted monofills.

C The first municipal grants issuedthrough the Waste Tire ManagementFund were awarded in 1993.

C The only market stimulation grant todevelop waste tire recycling marketswas awarded in 1997. The amount ofthe grant was $400,000. No additionalfunds are available.

C Whole tires may be used as part of aproven and approved leachate collectionsystem.

C Cut tire chips may be used as daily landfillcover material.

C Beneficial uses must be approved inwriting by the Kansas Department ofHealth and Environment.

xix

KENTUCKY


Charles PetersKentucky Department of

Environmental ProtectionDivision of Waste Management14 Reilly RoadFrankfort, Kentucky 40601Telephone: 502-564-6716FAX: 502-564-4049

C HB 636, passed in April 1998, specifically addresses themanagement of waste tires.

C There is a $1/tire tax on the retail saleof new replacement tires.

C A waste tire fund was established forthe cleanup of tire piles and for marketdevelopment.

C Accumulators, transporters, and processors must register and post bond.

C Tire retailers and accumulators cantransfer waste tires only to registeredtransporters or authorized facilities. Receipts are required.

C No person can accumulate more than 100,transport more than 50, or process morethan 25 waste tires without registering withthe Kentucky Department of EnvironmentalProtection (DEP).


C No person can accumulatemore than 100 or process morethan 25 waste tires withoutregistering with the DEP.

C Management standards foraccumulators, including accessfor firefighting equipment andprevention of the entrapment ofwater.

C Only tires “rendered suitable for disposal” may be disposedof in landfills.

C Sales tax exemption on recyclingequipment.

C Tax credit on recycling equipment.

C A cement plant is burning tires for fuel.

xx

LOUISIANA


Karen Fisher-BrasherLouisiana Department of

Environmental QualityOffice of Solid and Hazardous

WasteP.O. Box 82178Baton Rouge, Louisiana 70884-

2178Telephone: 504-765-0249FAX: 504-765-0299E-mail: [email protected] site: www.deq.state.la.us

C Act 185, a solid waste recycling and reduction law affectingscrap tires, was passed in 1989, and became effectiveJanuary 20, 1992.

C The Department of Environmental Quality formulatedregulations for scrap tire recycling in accordance with Act185. The current regulations include:

- Manifest and reporting requirements;- Site notification requirements;- Permitting requirements for transporters and waste tire

collection storage, recycling and disposal sites;- Outdoor/indoor storage requirements;- Tire dealer responsibilities; and - Provisions for a $2/tire fee on retail sale.

C A $2/tire fee on retail sales becameeffective February 1992.

C Notification and permitting fees arespecified in the regulations.

C A portion of the waste tire managementfund is used to pay for the cleanup ofwaste tire piles around the State.

C Permit fees have been established for tirehaulers, collectors, and processors.

C The retailers are required to post a noticein their establishment advising customersthat the retailer is required to accept thecustomers’ tires for recycling.

C Customers are required to pay thedisposal fee whether they leave the wastetire or take it with them.

C Retailers may not refuse to take one usedtire for each new tire sold.

C The period of time over which collection/processing facilities can retain whole tiresis limited.


C As of January 1990, tires mustgo to a permitted recycling orsolid waste disposal facility or towaste tire collection sites.

C Permit fees have beenestablished for processors.

C Since January 1, 1991, whole tires cannot be disposed inlandfills. They must be cut or shredded prior to disposal.

C A portion of the waste tire managementfund is used to pay for the cleanup ofwaste tire piles around the State.

C A 5% price preference for Statepurchases of supplies that meetrecycled content requirements.

C Tax credits equal to 20% of the cost ofrecycling equipment may be used toprocess recyclables or to manufacturematerials using recycled feedstock.

xxi

MAINE


James GlasgowState of MaineDepartment of Environmental

Protection (DEP)Bureau of Remediation and Waste

Management17 State House StationAugusta, Maine 04333Telephone: 207-287-2651FAX: 207-287-7826E-mail: [email protected]

C LD 1431, passed in 1989, established a funding source forscrap tire management activities. It went into effect January1990.

C Chapter 406 of the State Solid Waste Management Plancontains requirements for proper storage or disposal ofscrap tires and the licensing of storage and processingfacilities. The rules that apply to tire storage facilitiesinclude provisions for surface and groundwater protection.

C The Tire Stockpile Abatement Law, enacted in 1991, givesDEP authority to investigate uncontrolled tire stockpiles,gives enforcement authority to DEP to require owners/operators of such sites to clean up the sites, and containsprovisions concerning assignment of liability and Stateauthority to recover funds.

C A $1/tire advance disposal fee paid onthe retail sale will fund tire pile cleanupand scrap tire recycling grant and loanprograms.

C $5 million bond for stockpile disposalpassed by referendum in 1996.

C A $2.5 million contract has beenawarded for the remediation of astockpile containing approximately20 million tires.

C As of April 1, 1991, scrap tire haulers arerequired to be licensed, meet manifestrequirements, and show financialresponsibility.


C A permit is required if the tirestorage area is greater than10,000 square feet.

C Permit requirements decreasefor storage areas less than10,000 square feet. Exemptions are possible forshort-term storage and fortemporary use of portable tireshredders.

C All scrap tire storage facilitiesare covered under State solidwaste processing and disposalregulations, and have the samesiting restrictions.

C A permit is required for scraptire processing facilities.

C No whole tires in landfills. C The State requires the purchase ofrecycled materials if it is feasible andenvironmentally sound. This includesretread tires, chipped tires for road fill,and rubberized asphalt.

C A report by the Department ofTransportation (DOT) was submitted tothe legislature in March 1990. Thesubject was the use of ground tire rubberas an additive to asphalt concrete.

C A DOT recycling project was established. It included a comprehensive review offeasible alternatives for using recyclablematerials in construction. Ground rubberfrom tires was one of several materialsspecifically identified in the study.

C Pulp and paper mills have been licensedto burn 40,000 tons per year of tire-derived fuel.

C 17,000 tons of tire chips have been usedas lightweight fill in road construction in1996-97.

xxii

MARYLAND


Regulatory/CleanupMary C. RichmondMaryland Department of the

Environment (MDE)Waste Management AdministrationRecycling Service Division2500 Broening HighwayBuilding 40Baltimore, Maryland 21224Telephone: 410-631-3315FAX: 410-631-3842

Demonstrations/RecyclingRhody HolthausMaryland Environmental ServicesDepartment of Natural Resources2011 Commerce Park DriveAnnapolis, Maryland 21401Telephone: 410-974-7254FAX: 410-974-7236

C HB 1202, the Scrap Tire Recycling Actenacted in 1991, regulates the proper disposalof scrap tires. Requires licensing of scrap tirerecycling, collection, hauling, and tire-derivedfuel operations. Establishes a mechanism forthe cleanup of scrap tire stockpiles. Sets a feeof $1/tire on new tire sales to fund the ScrapTire Program.

C COMAR 26.04.08 (1992) contains regulationscovering storage, collection, transferring,hauling, recycling, and processing of scraptires.

C Maryland’s Scrap Used Tire Cleanup and RecyclingFund was created by law. Funds are generated fromcollection of the fee, penalties and cost recovery.

C As of February 1, 1992, the State has a tire recycling feeof up to $1 to be collected by retail tire dealers on thesale of a new tire in the State, including new tires sold aspart of a new or used vehicle. Dealers keep 1.2% of thegross amount of the fee collected and give theremainder to the Comptroller of the Treasury, whotransfers these fees to the Used Tire Cleanup andRecycling Fund.

C The Used Tire Cleanup and Recycling Fund is used for:

- Cleaning up existing stockpiles of used tires;- Establishing a tire recycling system;- Assisting tire recycling projects;- Providing financial assistance to recycling

companies; and- Providing public education.

C Scrap tire collection facilities and haulers are required toobtain licenses.

C Three types of collection facility licenses are available: General license for 50 scrap tires at any given time,Secondary license for up to 1,500 tires, and Primary licensefor more than 1,500 tires at any given time.

C Licenses are issued for 5 years (except for General).

C Scrap tire hauler license applicants must submit the number ofvehicles used to transport scrap tires; submit vehicleidentification and tag numbers for each vehicle; provide mapshowing geographical area of service; identify all sites wheretires will be collected, delivered or transferred; and maintainrecords on the origin, number, and destination of scrap tireshauled.

C Scrap tire collection facilities are required to provide: themaximum number of tires to be accumulated at a facility on adaily basis, and at any given time; general facility informationand operation; scrap tire hauler information; and the finaldestination of the scrap tires. The technical and storagestandard requirements may be applicable to collectionfacilities.


C Scrap Tire Recyclers are required to obtain alicense from MDE.

C Approvals are required for Tire-Derived Fuel andSolid Waste Acceptance Facilities.

C Licenses and Approvals are issued for 5 years.

C Scrap tire recycling operation must submit acomplete proposal that includes detailed site plan,tire processing capacities, maximum quantity of tiresat the facility, general facility information andoperation, and documentation for the availability oftire product markets. The facility’s ability to meettechnical and operational standards for tire storageis required if facility plans to accumulate scrap tiresin any form or configuration in excess of 15,000cubic feet. Closure plans are also required for theseoperations.

C Tire-derived fuel facilities’ requirements are similarto recycling facilities’ except for market information.

C Solid waste facility approvals are granted by amodification to the facility’s refuse disposal permit.

C Tires banned from all Maryland landfillsafter January 1, 1994.

C If dealers, recyclers, or collectors do notsatisfy the requirements for selling ordisposing of the tires, they are required touse a State-approved disposal system. The law allows the Secretary of theEnvironment to take remedial action and/orremove tires at any site if he or shedetermines disposal may be carried outimproperly or in a way that threatens theenvironment.

C State has a 5% price preference forproducts containing recycled materials.

C Maryland Environmental Service ScrapTire Management Program to dateincludes:

- Retreaded Tire Utilization Project;- Remanufactured Tire Demonstration

Project;- Promoting the use of tire chips as a

supplemental fuel in cement kilns;- Researching the use of scrap tires in

asphalt and in composting;- Catalog of products issued to

promote use of productsmanufactured of scrap tire material;

- Tire reef project.

C Four companies are currentlyparticipating in the Scrap TireRecycling System.

C The Maryland Environmental Service (MES) is responsible fordeveloping the statewide tire recycling system. This includesestablishing regional collection centers and haulers. The MESis also setting up demonstration programs and distributingmoney from the Used Tire Cleanup and Recycling Fund.

C State completed a market study for recyclables, includingtires, in 1990.

C As of 1998, eight scrap tire processing facilities are operatingand accepting significant quantities of tires. These operationsinclude four scrap tire recycling operations, three cement kilnsthat utilize tires as supplemental fuel, and one waste-to-energy facility.

C With the cooperation of State agencies and volunteers, MDEconstructed five playgrounds using whole scrap tires inCalvert Cliffs and Tuckahoe State Parks.

C Landfill Cap Demonstration Projects using tire chips are inprogress for Nicholson Road and Round Glade Landfills. These landfills are located in Kent and Garret Counties,respectively.

xxiii

MASSACHUSETTS


Judy ShopeCommonwealth of MassachusettsDepartment of Environmental

Protection (DEP)Recycling DivisionOne Winter Street, 7th FloorBoston, Massachusetts 02108-

4747Telephone: 617-292-5597FAX: 617-292-5778

C An Act to Protect the Environment and Public Health byProper Disposal of Certain Automotive Wastes wasreintroduced in 1992, attached to an omnibus recycling bill,but did not pass.

C As of October 1997, the House Ways and MeansCommittee was considering a comprehensive scrap tiremanagement bill. This legislation would set fees forretailers that would go to a dedicated fund for scrap tireprograms and includes grants and education programs.

C The Solid Waste Management Facility Regulations requirethat storage, collection, processing, and disposal sites meetpermit criteria, such as proof of ownership; site location,topography, and wetlands impact; site and pile dimensions;number of tires received and processed; tire preventionplans; and security measures.

C Recycling Loan Fund for tire reuseprojects.

C Massachusetts DEP does not regulatesolid waste haulers.

C Scrap tire collection facilities are exemptfrom solid waste regulations if the facilitycan demonstrate that the tires are beingrecycled or reused.

C Collection sites must meet permit criteria.


C Storage and processingfacilities are regulated ashandling facilities, and mustmeet permitting criteria.

C Processing facilities are exemptfrom solid waste regulations ifthe facility can demonstrate thatthe tires are being recycled orreused.

C As of December 31, 1991, whole tires are banned fromdisposal in landfills. Tires must be shredded prior todisposal in landfills.

C Disposal sites must meet permit criteria.

C A 1988 Executive Order established10% purchasing preference for buyingrecycled products or goods withrecycled content. Initially targeted atpaper, plastic, aluminum, and compost;the Executive Order allows a broaderlist at discretion of purchasing agent.

C DEP staff working with an interagencygroup to establish a contract for thepurchase of retread tires by Stateagencies.

C Recycling Loan Fund is available for tirereuse projects—funded one $150,000loan to one tire processing facility.

C Funded Massachusetts HighwayDepartment (MHD) to increase its useof recycled products in transportationapplications—included four applicationsof crumb rubber.

C Successful test burn of tire chipsconducted in 1996 at NE Powerfacility—Beneficial Use Permit (BUD)granted to co-combust with coal.

C BUDs granted to use tire chips as landfillcover.

xxiv

MICHIGAN


Kyle CruseMichigan Department of

Environmental Quality (DEQ)Waste Management DivisionP.O. Box 30241Lansing, Michigan 48909Telephone: 517-335-4757FAX: 517-373-4797E-mail: [email protected]

C Part 169 of the Natural Resources andEnvironmental Protection Act (NREPA),1994, P.A. 451, as amended (Part 169)

- A criminal statute provides for fines upto $10/tire, 90 days in jail, and 100hours of community service.

C Scrap tires, also subject to Part 115 ofthe NREPA, as solid waste if notmanaged in compliance with Part 169.

- Criminal, civil and administrativeremedies.

C A $0.50 tire disposalsurcharge on each certificateof vehicle title. Moneys fromthe surcharge are depositedin the Scrap Tire RegulatoryFund, established toimplement and enforce thescrap tire regulations andclean up “abandoned” scraptires on public and privatelands and tires accumulatedat collection sites prior toJanuary 1, 1991.

C Hauler must be registered in order to haul scrap tires.

C All scrap tire collection sites must register with the Departmentof Environmental Quality and pay a $200/year registration fee.

C Uncovered tire collection sites with more than 500 scrap tiresare regulated.

C Transportation records, on forms approved by the Department,are required from tire retailers and scrap tire haulers for eachload transported. Required record includes generator, hauler,and destination information.

C Tire retailers must use registered scrap tire haulers forcontracted tire removal.


C Scrap tires must not be stored in pilesgreater than 15 feet in height, withhorizontal dimensions no greater than200 by 40 feet with 30 foot spacingbetween.

C Tires must not be stored within 20 feetof property line or within 60 feet of abuilding or structure.

C Tires must be covered, shredded, orsprayed to limit potential for mosquitobreeding.

C Bond, in the form of Surety Bond,Irrevocable Letter of Credit, Certificateof Deposit or Cash, is required for allstorage of tires to ensure removal. Theminimum bond requirements are asfollows: $25,000/¼ acre for outdoorstorage, $2/square foot of indoorstorage, and $750/vehicle for storage intrailers.

C Collection sites with an accumulationover 100,000 tires must operate as aprocessor to facilitate recycling by atleast shredding the tires.

C Tires may be landfilled at facilitieslicensed under Part 115 of the NREPA orstored in compliance with Part 169 (seeStorage and Processor Regulations).

C A 10% price preference isavailable for recycledproducts.

C There is a tire recyclingprogram that provides grantsto clean up public and privatetire collection sites thatexisted prior to 1991.

C Since 1993, $2.7 million hasbeen granted to public andprivate tire site owners toremove and recycle morethan 2.25 million scrap tires.

xxv

MINNESOTA


Don NelsonMinnesota Pollution Control AgencyGround Water & Solid Waste

Division520 Lafayette RoadSt. Paul, Minnesota 55155-8621Telephone: 612-296-8621FAX: 612-296-9707E-mail: [email protected] site: http://www.pca.state.mn.us

C The Scrap Tire Law was passed in 1984. C A $4 tax on vehicle title transfers will bein place for 2 more years. The Agencyalso received $200,000 in tireabatement funds for FY98-99.

C Transporter ID requirements andenforcement policies have beenestablished and implemented.

C Tire retailers must accept as many scraptires from a customer as tires are sold tothat customer.

C Tire retailers may charge a disposal fee.

C Tire retailers may store up to 500 scraptires without a storage permit.

C Tire retailers are required to use onlyscrap tire transporters that have a valid IDnumber from the State.


C Landfills are exempt from scraptire storage permits if they store no more than 10,000 wastetires.

C Permitted waste tire transferfacilities are allowed totemporarily store and transferup to 10,000 scrap tires.

C Permitted processing facilitiescan temporarily store, forprocessing, up to 70,000 scraptires.

C Permitted storage facilities canstore up to 500,000 scrap tires.

C All facilities must providefinancial assurance to ensureclean closure.

C Tires are banned from disposal in landfills. C No funding for grants and loans. C The Minnesota Pollution Control Agencypublished a study on leachate from thedisposal of tires in 1990.

C Minnesota Department of Transportationand the University of Minnesota aretesting rubberized asphalt.

C In 1998, the approximate end uses ofwaste tires from Minnesota processorsare 75% as tire-derived fuel; 20% aslightweight fill material; and 5% asconsumer products.

xxvi

MISSISSIPPI


Mark WilliamsMississippi Department of

Environmental QualitySpecial Waste ProgramOffice of Pollution ControlP.O. Box 10385Jackson, Mississippi 39289-0385Telephone: 601-961-5304FAX: 601-354-6612E-mail: [email protected]

C SB 2985, a bill addressing the disposal of batteries, tires,and household hazardous waste, was passed in 1991.

C Scrap tire transportation regulations were adoptedDecember 19, 1991, and became effective in 1992.

C Scrap tire management regulations were finalized andadopted in August 1992. The regulations includerequirements for collection sites, processing facilities, anddisposal sites and financial responsibility requirements foragriculture, erosion control, or other alternative uses ofscrap tires.

C SB 2985 may be amended in 1993 to reduce countygovernments’ scrap tire management obligation. Thiswould mean a reduction in funds available to counties. Theoriginal bill forced counties to develop a scrap tiremanagement system for all scrap tires generated in thecounty. Of 82 counties, 72 have some type of system inplace.

C Scrap tire grant regulations became effective July 1, 1992,and establish eligibility and allocation of the EnvironmentalProtection Trust Fund.

C The 1997 Legislature included agricultural tires in the scraptire program, including tractor tires.

C A $1/tire fee on the retail sale of tires.

C The Environmental Protection TrustFund has been established.

C As of January 1, 1992, scrap tire haulersmust be registered with the State andmust renew such certification annually.

C Tires may be deposited only at authorizedcollection, processing, or disposal points.

C Transportation of tires must be certified byusing State manifest forms and keepingrecords of transportation.

C A scrap tire collection site permit must beobtained if you store more than 100 tires,unless you are a retail outlet where youcan store up to 500 tires.

C As of January 1, 1992, scrap tire haulers/collectors, generators and processorsmust maintain manifest records of thenumbers of tires generated from a facility,transported and processed, reused ordisposed.

C Tires must be cut, sliced, or shredded tofacilitate recycling or disposal.

C Financial assurance required ofprocessors and collectors.


C Collection, processing, anddisposal sites must obtainauthorization to operate fromState DEQ.

C Processors must maintainmanifest records of thenumbers of tires generated froma facility, transported andprocessed, reused or disposed.

C Tires must be cut, sliced, or shredded prior to landfilling.

C Landfill ban on all tires set for January 1, 2000.

C Environmental Protection Trust Fundcan allocate:

- 30% for eligible counties andregional solid waste disposalauthorities;

- 25% for recycling and demonstrationgrants;

- 20% for abatement of illegalstockpiles;

- Remainder for public education andadministration of the program.

xxvii

MISSOURI


Dan FesterMissouri Department of Natural

ResourcesSolid Waste Management ProgramP.O. Box 176Jefferson City, Missouri 65102Telephone: 573-751-5401FAX: 573-526-3902

C SB 530, an omnibus solid waste bill passed in August 1990. Includesprovisions for regulating tires.

C HB 438, passed in August 1990, establishes purchase preferences.

C SB 60-112 passed in August 1995. Includes more stringentprovisions for regulating tires and redirects funding priorities.

C Waste tire rules 10 CSR 80-8.010 (First Stage Permits), 10 CSR 80-8.020 (Collection Centers), 10 CSR 80-8.030 (Hauler Permits) and10 CSR 80-8.040 (Storage Site Permits) became effective July 8,1991. Waste tire grant rule 10 CSR 80-9.030 became effective June7, 1993.

C The following became effective December 30, 1997: waste tire rule10 CSR 80-8.010 was rescinded; waste tire rules 10 CSR 80-8.020,10 CSR 80-8.030, 10 CSR 80-8.040 and 10 CSR 80-9.030 wereamended; waste tire rules 10 CSR 80-8.050 (Processor Permits),10 CSR 80-8.060 (End-User Registration) and 10 CSR 80-9.035(Contract Cleanups) are new rules.

C There is a $0.50 per tire feeon retail sales of new tires. Sixty-five percent of the fundscollected are to be used forcontract cleanups of tiredump sites. Five percent ofthe funds are to be used forgrants for end users of wastetires. Five percent of thefunds are to be used for solidwaste education purposesand 25% of the fund is to beused to fund administrativecosts of the waste tireprogram.

C Waste tire haulers who haul forconsideration are required to be permitted.

C Tire retailers and wholesalers can storemore than 500 tires but not for over 30days and must use permitted haulers. Recordkeeping regarding the generationand disposition of the tires is required.

C A hauler permit requires an annual $100permit fee.

C Collection center may store up to 500tires.

C A collection center that hauls its own tiresin vehicles driven by its own employees isnot required to obtain a hauler permit.

C A waste tire hauler must keep records ofthe number of tires collected, the numberof tires delivered, and basic informationabout the facility that accepts the tires.


C Sites that store more than 500 tires must obtain a Waste TireSite permit from the Department of Natural Resources. SinceAugust 28, 1997, no new Waste Tire Sites are permitted unlessthey are located at a permitted waste tire processing facility. Waste Tire Storage Sites in existence prior to August 28, 1997,will not accept any quantity of additional waste tires unless thesite is part of a processing or end-user facility or unless the sitecan verify that a number at least equal to the number ofadditional tires received was shipped to a processing or end-user facility within 30 days after the receipt of the additionaltires.

C Processing facilities must be permitted by the MissouriDepartment of Natural Resources.

C End-user facilities must be registered by the MissouriDepartment of Natural Resources.

C Recordkeeping and inventory limits are required for bothprocessing and end-user facilities.

C Whole tires are banned from disposalin landfills.

C Waste tire fee funds are available toprovide grants to businesses fordemonstration projects and for capitalexpenditures for using waste tires as afuel or in a product.

C Contracts for nuisance abatement andresource recovery activities areauthorized via statute and managedthrough the State bidding process.

C Some funding is allocated for nonprofitorganizations that voluntarily clean upwaste tires in conjunction withcleaning up land or water resourcesfor the disposal costs of the tires.

C A waste tire rules advisorycouncil on waste tires wasestablished to assist in thedevelopment of waste tire rulesand grant criteria.

xxviii

MONTANA


Rick N. ThompsonState of MontanaDepartment of Environmental

QualityCommunity Services BureauSolid Waste Management Program1520 E. 6th AvenueP.O. Box 200901Helena, Montana 59620-0901Telephone: 406-444-5345FAX: 406-444-1374E-mail: [email protected]

C Scrap tires are regulated under the Montana Solid WasteManagement Act and the Montana Motor Vehicle Recyclingand Disposal Act and the associated administrative rules. Both Acts were passed in 1977.

C Not addressed. C Collection sites must be licensed as asolid waste management facility.

C Collected or stored scrap tires must beshielded from public view.


C Scrap tire collection/storagefacilities must be permitted andlicensed as solid wastemanagement facilities.

C Collected or stored scrap tiresmust be shielded from publicview.

C Scrap tire disposal or resourcerecovery facilities licensed afterJuly 1, 1997, must havefinancial assurance for closure.

C Tires are currently accepted at landfills.

C Some landfills are beginning to charge differential fees forwhole versus split tires.

C A 25% tax credit is available tobusinesses for the purchase ofrecycling and processing equipment.

C Income tax credits are available toindividuals and corporations procuringrecycled products.

C State is instructed to purchase recycledproducts whenever possible, but it isnot a mandate.

xxix

NEBRASKA


Ms. M.J. RoseState of NebraskaDepartment of Environmental

QualityIntegrated Waste Management

SectionP.O. Box 98922Lincoln, Nebraska 68509-8922Telephone: 402-471-4210FAX: 402-471-2909

C LB 163, a waste reduction and recycling bill,was passed in April 1990.

C LB 1257, the Integrated Solid WasteManagement Act, was passed in 1992.

C LB 444, passed in 1993, created the firstemphasis on scrap tire projects.

C LB 1034 created the Scrap Tire Reduction andRecycling Incentive Fund and establishedscrap tire management laws in 1994.

C LB 495 established new guidelines for grantfunds to better promote cleanup of scrap tirepiles and market development in 1996.

C Since October 1990, there has been a $1 tire fee onthe retail sale of new tires. The fee also applies tonew car sales. A second fee is assessed on theretail sales of tangible personal property. Proceedsfrom the two fees are deposited in the WasteReduction and Recycling Incentive Fund for grantsto political subdivisions for waste managementprojects to further the goals of the legislation.

C In 1994, LB 1034 placed the revenue generatedfrom the $1 tire fee into a separate fund available forscrap tire projects only. The tire fee will remain inthis separate fund until July 1, 1999, when it will goback into the original Waste Reduction andRecycling Incentive Fund. Scrap tire programs willcontinue to have a priority for funding after the scraptire fund sunsets.

C LB 1257 provided 50% of a $1.25 per ton disposalfee collected on waste going to municipal landfills. This fee became part of the Waste Reduction andRecycling Incentive Grants Program.

C LB 1034 requires scrap tire haulers,collectors, processors, and collection siteowners to be permitted. Additionalrequirements include maintaining financialassurance for closure costs andsubmitting annual reports.


C Title 136—Scrap TireManagement Rules andRegulations established amaximum of 18 months forstorage of any one scrap tireand no more than 300,000scrap tires can be stored at anyone site. Collection sites mustalso adhere to sitingrequirements as established byTitle 153—Nebraska State FireCode Regulations.

C Since September 1, 1995, scrap tires havebeen banned from landfills unless processedinto pieces 6 inches or smaller. SinceSeptember 1, 1998, scrap tires are nowbanned from landfills in any form.

C Grant funding is available for scrap tire cleanup; forcost-sharing for processing, manufacturing, or civilengineering uses; for partial reimbursement for thepurchase of tire-derived products; for studies; andfor capital and startup costs for processing,manufacturing, collecting, or transporting tires.

xxx

NEVADA


Les GouldState of NevadaDivision of Environmental

Protection (NDEP)Bureau of Waste Management333 West Nye LaneCarson City, Nevada 89706Telephone: 702-687-4670FAX: 702-687-6396

C Nevada Revised Statute (NRS 444.583), passed in 1991,required NDEP to develop a plan for managing waste tires. Accordingly, the plan was developed.

C In 1994, regulations [Nevada Administrative Code (NAC)444A.200-444A.470], were promulgated that:

S Established permit requirements for waste tiremanagement facilities; and

S Established registration/manifesting requirements forcommercial haulers.

C NRS 444A.090 established a fee of $1/tire sold at retail.

C There is a $1/tire charge on new tiressold at retail. Funds are deposited inSolid Waste Management Account toimplement State solid waste andrecycling programs.

C Hauler regulations include registration andmanifesting waste tires.

C Semiannual reporting.


C Permits by Waste TireManagement Facility Permitsprogram.

C Include operation and closureregulations.

C Whole tire disposal allowed subject to approval of SolidWaste Management Authority.

C A 10% price preference is given forrecycled products manufactured inNevada.

C A 5% price preference is given to allother recycled products.

xxxi

NEW HAMPSHIRE


Sharon YergeanNew Hampshire Department of

Environmental ServicesWaste Management Division6 Hazen DriveConcord, New Hampshire 03301Telephone: 603-271-2900FAX: 603-271-2456

C Automotive Waste Disposal Law (HB 322-FN-A,Chapter 89-263) was passed in 1989.

C Solid Waste District Law (RSA 149-M:13I) requires towns/districts to provide sites or access to sites for disposal ofresidents’ tires.

C Towns are authorized to collect fees forthe collection and disposal of townmotor vehicle wastes including tires,batteries, and used oil.

C Towns may request the Office of StatePlanning to increase the town’s fees ifthey prove insufficient to fund propermanagement of motor vehicle wastesunder existing conditions.

C The transportation of tires, either whole orshredded, is required to be accomplishedin such a manner as to prevent tire piecesor whole tires from blowing or falling ontothe roadways.


C Outdoor storage of tires atcollection sites must be inaccordance with height, width,fire lane, and bermspecifications.

C Tires must be cut prior to landfilling.

C Tires may be disposed of by one of the following methods:

- Scrap tires may only be disposed of in a permittedfacility after being shredded, filled, or split to preventcreeping; or

- No processing of scrap tires is required at facilities thatare capable of processing whole tires.

C Not addressed.

xxxii

NEW JERSEY


Steven RinaldiNew Jersey Department of

Environmental ProtectionDivision of Solid and Hazardous WasteBureau of Recycling and PlanningP.O. Box 414Trenton, New Jersey 08625-0414Telephone: 609-984-3438FAX: 609-777-0769Web site:http://www.state.nj.us/dep/dshw/recycle

C The New Jersey Statewide Mandatory Source Separation and RecyclingAct, passed in 1987, addresses tire management.

C Regulations at NJAC 7:26A address solid waste recycling and containprovisions relating to scrap tire recycling.

C Not addressed. C Transporters hauling solid waste must beregistered with the State.

C Transporters hauling source-separatedmaterials (e.g., tires) for recycling neednot register.


C Facilities that recycle tires areregulated as a recycling centerthrough an approval process, ratherthan as a solid waste facility through apermitting process.

C Regulations regarding scrap tireprocessors and storage of scrap tireswere adopted November 18, 1991, aspart of general solid waste recyclingregulations, and were updated onDecember 16, 1996.

C Tires must be taken topermitted solid waste facilities,approved tire recyclingcenters, or sites operatingpursuant to an exemption fromthe recycling center approvalprocess.

C Tires qualify for municipalrecycling tonnage grant credits.

C Industries purchasing newrecycling equipment may beeligible for low interest loans.

C Legislation and Executive Orderrequire the procurement ofrecycled products.

C The State’s Department of Transportation has conducted a number ofdemonstration projects that utilize various mixes of rubber-modifiedasphalt.

C The New Jersey Department of Treasury, in conjunction with the NewJersey Department of Transportation and New Jersey Department ofEnvironmental Protection, issued a bid proposal for the furnishing oflight truck/commercial retread tires and service to all State agencies,quasi-agencies and political participants in designated counties. Aspart of the bid, tire casings are to be picked up by the vendor andreplaced with retreaded tires. Five vendors have been awardedcontracts to provide this service.

C The U.S. Environmental Protection Agency funded scrap tire recyclingdemonstration project that New Jersey is overseeing will provide dataabout the costs associated with removing scrap tires from stockpilesinto various end-market technologies. While this information will bespecific to remediation through rubberized asphalt, artificial reefproduction and a process similar to pyrolysis, the three technologiesbeing studied, it will provide very useful data that the New JerseyDepartment of Environmental Protection can use to recommend themost cost-effective and environmentally benign processes for whichpublic funds can be expended in the remediation of tire piles in NewJersey.

C The New Jersey Department of Environmental Protection is currentlyexploring scrap tire stockpile remediation strategies. The use ofinmate labor has been proposed by the New Jersey Department ofCorrections as a cost-effective approach to such projects.

xxxiii

NEW MEXICO


Jerry BoberNew Mexico Environment

DepartmentSolid Waste Bureau1190 St. Francis DriveP.O. Box 26110Santa Fe, New Mexico 87502Telephone: 505-827-2775FAX: 505-827-2902E-mail: [email protected]

C NMSA 1978 74-11-1 through 74-11-17, The Tire RecyclingAct, passed in 1994.

C 20 NMAC 9.2, New Mexico Tire Recycling Regulations,effective September 1, 1995. Provisions:

- Established a tire disposal fee on vehicle registrations;- Provide for a Rubberized Asphalt Fund;- Provide for a Tire Recycling Fund;- Exempt dairy farmers from waste tire storage rules;- Provide for reimbursement for the cost of illegal tire

dump abatement to Counties, Municipalities andCooperative Associations; and

- Provide for the reimbursement for the costs ofestablishing tire recycling facilities.

C Funding is provided by an add-on fee toeach vehicle registration: 55% isappropriated to the Tire RecyclingFund; 45% is appropriated to theRubberized Asphalt Fund.

C All haulers must register with theEnvironment Department.


C Only a permitted or registeredSolid Waste Facility or apermitted Tire Recycling Facilityis authorized to receive, collect,store and process scrap tires.

C A permit and registration isrequired for any person orfacility that:

- Processes or recycles morethan 1,000 scrap tires orPTEs per year;

- Applies for or receivescompensation from the TireRecycling Fund;

- Stores more than 250 scraptires at any one time;

- Uses more than 250 scraptires in a single civilengineering application.

C No person shall dispose of scrap tires in a place other thanthose places permitted or regulated under the Solid WasteAct.

C A 5% price preference is provided forproducts containing recycled contentprocured by State agencies.

C Split tires are used to contain landfill cellliners at the City of Albuquerque landfill.

C New Mexico’s tire recycling programcenters around the use of tire balers.

C Operational Tire Baling Centers:- Grant County;- Otero County;- McKinley/Cibola Counties;- Socorro;- Las Cruces;- Santa Fe;- Bernalillo County;- Eddy County.

C There is one permitted Tire RecyclingCenter:- Southwest Tire Processors

C Rubberized Asphalt Projects:- Approximately eight highway projects

utilizing 135 tons of crumb rubbermodifier were completed in 1997.

xxxiv

NEW YORK


Chris GlanderNew York StateDepartment of Environmental

Conservation (DEC)Division of Solid & Hazardous

WasteBureau of Waste Reduction &

Recycling50 Wolf Road, Room 212Albany, New York 12233-7253Telephone: 518-457-3966FAX: 518-457-1283E-mail: christian.glander@

dec.mailnet.state.ny.us

C State Regulations for Solid Waste regulate waste tirestorage and processing facilities.

C An amendment to Chapter 226 (Section 27-0303) of theEnvironmental Conservation Law, passed in 1990,designated commercial waste tires as a regulated waste. Commercial waste tires are defined as waste tires that aretransported for a fee for the purpose of reuse, recycling, ordisposal.

C Transporters of commercial waste tiresmust register with the DEC.


C Waste tire storage requirementsdepend upon number of wastetires stored.

C No person shall engage instoring 1,000 or more wastetires at a time without a permit.

C Storage permit requirementscover waste tire pile size,dimensions and fire controls.

C Disposal of whole tires in any landfill is prohibited. C The Department of EconomicDevelopment administers low-interestloan and grant programs for tirerecycling.

C The New York State Energy Researchand Development Authority(NYSERDA) invests in projects todevelop, demonstrate or evaluateinnovative and energy-efficientequipment, technologies, processesand other methods for managing alltypes of solid waste.

xxxv

NORTH CAROLINA


Ernest LawrenceState of North CarolinaDepartment of Environment,

Health, and Natural Resources(DEHNR)

Solid Waste Section, Division ofWaste Management

401 Oberlin Road, Suite 150P.O. Box 27687Raleigh, North Carolina 27605-

1350Telephone: 919-733-0692, ext. 274FAX: 919-733-4810E-mail: lawrenceg@

wastenot.ehnr.state.nc.usWeb site: http://wastenot.ehnr.state.nc.us

C SB 111, passed in 1989, requires each county to provide aplace for disposal of scrap tires.

C Tires presented for disposal must be accompanied with ascrap tire certification form signed by generator and hauler.

C As of January 1, 1990, a 1% tax on newtire sales was levied. The fee wasincreased to 2% for tires less than 20inches in 1993. Major portion of thefund goes to:

- Counties for tire collection anddisposal;

- Cleanup of nuisance sites.

C Counties are not allowed to imposetipping fees for tires that are certified asgenerated in North Carolina.

C Scrap tire haulers must register with theSolid Waste Section of the DEHNR andobtain a hauler identification number.

C Counties must provide a site for tirecollection.

C Collection sites require permit from SolidWaste Section of DEHNR.


C The number of scrap tiresstored at a scrap tire collectionsite must not exceed the statednumber of scrap tires shippedoff-site per month plus thestated number of scrap tiresdisposed of on-site per month. At no time can more than60,000 scrap tires be stored.

C Tires must be shredded or sliced prior to landfilling. C Funds for reimbursement to improvethe use of recycled products.

C North Carolina Department ofTransportation is evaluating the use oftires in constructing retaining walls andthe use of crumb rubber in asphalt.

xxxvi

NORTH DAKOTA


Steve TillotsonNorth Dakota Department of HealthDivision of Waste ManagementP.O. Box 5520Bismarck, North Dakota 58506-

5520Telephone: 701-328-5166FAX: 701-328-5200E-mail: [email protected]

C Solid Waste Management rules have been adopted andwent into effect December 1, 1992. The rules addressscrap tire storage.

C A portion of the State’s $2/new vehiclesale fee for cleanup of abandonedvehicles may be used to clean up tirepiles.

C Haulers must have a waste hauler permitand identify a legitimate recycling ordisposal facility.


C Tire piles of more than 1,300tires must be in compliance withregulations governing piledimensions, control of access,fire control, run-on/run-offcontrol systems, and financialassurance.

C Tire piles of more than 1,300tires must have a solid wastemanagement permit.

C Tire piles with a base areaexceeding 10,000 square feetmust comply with linerrequirements.

C Not addressed. C Not addressed. C A new tire-derived fuel company, WasteNot Recycling, is processing tires incentral North Dakota. The TDF is burnedat a local utility.

xxxvii

OHIO


Bob LargeOhio Environmental Protection

AgencyDivision of Solid and Infectious

Waste ManagementScrap Tire Management Unit1800 Watermark DriveP.O. Box 1049Columbus, Ohio 43216-1049Telephone: 614-644-2621FAX: 614-728-5315

C House Bill 592, the State Solid Waste law, becameeffective in June 1988 and defined waste tires as a solidwaste.

C Senate Bill 165, the State Scrap Tire law, becameeffective in October 1993, substituted the term scrap tirefor waste tire, and established a comprehensivestructure for regulating scrap tire collection, storage,recovery, monofill, and monocell facilities and scrap tiretransporters.

C Regulations to implement Senate Bill 165 were adoptedand became effective in March 1996.

C Regulation was developed to define approval ofbeneficial uses of scrap tires - Ohio Administrative Code(OAC) 3745-27-78.

C Regulations were developed governing cleanup actionsafter a scrap tire fire - OAC 3745-27-79.

C A $0.50 fee was placed oneach new tire sold at thewholesale level; the funds fromthis fee are designated forstockpile abatement, grantsand loans to scrap tire facilities,program administration, andresearch at the University ofAkron.

C Sellers and other generators are required to utilize registeredtransporters for the scrap tires they generate.

C Transporters are required to register annually with the OEPA andpost $20,000 in financial assurance.

C All scrap tire transportation must be documented on State approvedshipping papers.

C Collection facilities are required to obtain a registration from OEPAand a license from the approved health department.

C Collection facilities are defined as facilities that accept whole scraptires from the public and store them only in portable containers with atotal storage volume limited to 5,000 cubic feet.

C Tires will only be delivered to licensed scrap tire facilities (collection,storage, recovery, monofill, or monocell) or to approved beneficialuse sites.

C All scrap tire transporters and facilities must file an annual report onscrap tires handled, processed, or disposed.


C Storage and recovery (processors and recyclers)facilities are required to obtain a registration or permitfrom OEPA and a license from the approved healthdepartment.

C Storage and recovery facilities must post financialassurance to cover the costs of closure.

C Individual storage piles are limited to 2,500 square feetin base area and 14 feet in height.

C Fire lanes at least 50 feet wide are required on allsides of outdoor storage piles.

C A registered storage facility is limited to 10,000 squarefeet of scrap tire storage.

C A permitted storage facility is limited to 3 acres ofeffective scrap tire storage and must be owned bysomeone who also owns or operates a recoverymonocell, or monofill facility.

C All scrap tire transporters and facilities must file anannual report on scrap tires handled, processed, ordisposed.

C Since March 1, 1996, whole tires have been banned fromsolid waste landfills.

C Since March 1, 1997, cut and shredded tires have beenbanned from disposal in solid waste landfills.

C Tire monofills require liners, leachate collection, weeklycover, and final cap.

C Tire monocell requirements vary based on their location inthe host sanitary landfill.

C Scrap tire monocells and monofills must obtain a permit toinstall these facilities from OEPA and a license from theapproved health department and post- financial assurancefor closure and post-closure care.

C All scrap tire transporters and facilities must file an annualreport on scrap tires handled, processed, or disposed of.

C Loans and limited grants are availableto scrap tire businesses through theOhio Department of Development77 S. High Street, 28th FloorP.O. Box 1001Columbus, Ohio 43266-0101Telephone: 800-848-1300FAX: 614-644-1789Point of Contact: Mr. BradBiggs

C Mosquito control is required ofall scrap tire transporters andscrap tire facilities.

xxxviii

OKLAHOMA


Craig Belair or Brad FlemingOklahoma State Department of

Environmental QualitySolid Waste Division1000 NE Tenth StreetOklahoma City, Oklahoma 73117-

1212Telephone: 405-745-7121 (Belair)

405-745-7122 (Fleming)FAX: 405-745-7133

C Oklahoma Waste Tire Recycling Act (27A Part 4 of theOklahoma Statutes Annotated) was enacted July 1, 1989.

C A $3.50/tire surcharge on new trucktires in addition to a $1/tire surchargeon new and used tire sales is in effect. Monies from the surcharge aredeposited in the Waste Tire IndemnityFund to help eliminate stockpiles oftires and to promote recycling byreimbursing facilities that process scraptires.

C Tire haulers and transporters are notregulated.

C Collectors of more than 50 tires must bepermitted by the State Department ofEnvironmental Quality.


C A site storing, collecting, ordisposing of more than 50 tiresmust be permitted by the StateDepartment of EnvironmentalQuality. This does not apply totire manufacturers, retailers,wholesalers, or retreaders whostore 2,500 or fewer used tires.

C Processors must be permittedby the Oklahoma StateDepartment of EnvironmentalQuality and must document thatat least 10% of the tiresprocessed came from illegal tiredumps identified by theOklahoma State Department ofEnvironmental Quality toparticipate in the State’sreimbursement programs.

C Tires must be cut before being disposed of in a landfill. C Oklahoma State Department ofEnvironmental Quality permitted wastetire processing facilities are eligible forreimbursement at a rate of $0.50/tire, ifthey demonstrate that 10% of the tiresprocessed at their facility are fromdesignated illegal tire dumps.

C Oklahoma State Department ofEnvironmental Quality permitted wastetire processing facilities are eligible foran additional $0.35/tire reimbursementif they demonstrate that their facility isproviding pickup and transportation ofwaste tires from each and every countyof the State on a regular basis.

C Riverbank stabilization projects areeligible for $1.50 per truck tire when:

- The tire measures greater than 17.5"rim diameter;

- Tires come from dump sites on thepriority enforcement list; and

- Tires are placed in a riverbankstabilization project permitted by theU.S. Army Corps of Engineers or localconservation district.

xxxix

OREGON


Bob GuerraOregon Department of

Environmental QualityHazardous and Solid Waste

Division201 W. Main, Suite 2DMedford, Oregon 97501Telephone: 541-776-6010, ext: 236FAX: 541-776-6262E-mail: [email protected]

C HB 2022 Waste Tire Law, passed in 1987 and enacted inJanuary 1988, set up a self-funded comprehensive programfor waste tires. The Law regulates the transportation,storage, and landfilling of waste tires.

C SB 66, passed in 1991, effective July 1, 1991, banneddisposal of tires at landfills.

C HB 2246, passed 1991:

- Extended tire fee to October 1, 1992;- Extended reimbursement for use of scrap tires to June

30, 1993;- Gives DEQ authority to regulate tire product piles;- Expedited abatements; and- Restricted carrier permit requirement to those who haul

for hire.

C A $1/tire disposal tax on the sale of newtires. The monies were used to cleanup tire piles. Tire fee ended October 1,1992.

C Anyone transporting more than 4 tirescommercially must be licensed with DEQ.

C Tire dealers with more than 1,500 scraptires on-site must have storage permit.

C Generators are allowed to haul scrap tiresgenerated at their facility without a permitbut they must maintain documentation oftheir disposal.

C All common carriers transporting wastetires over Oregon roads are required toobtain a Waste Tire Carrier Permit.


C A facility that stores more than99 tires on-site must have astorage site permit, unless ithas been granted a beneficialuse permit by DEQ.

C Retreading facilities that havemore than 3,000 tires on-sitemust have a storage permit.

C Since July 1, 1991, whole tires have beenbanned from landfills.

C The tire disposal tax is used to promote the use ofwaste tires by subsidizing markets for waste tires orchips.

C Under a former Oregon demonstrationprogram:

- Two rubber modified paving projectswere approved and completed in 1990;

- A project was conducted by the OregonState Highway Division using tire chipsas a light fill;

- Demonstration projects were conductedby the Department of EnvironmentalQuality and the Metropolitan ServiceDistrict to test rubber from waste tires inpaving projects using genericspecifications for rubber-modifiedasphalt concrete suitable to Oregon’sclimate and paving practices;

- Tire-derived fuel was used in two papermills and one cement kiln; and

- Oregon-produced tire-derived fuel wasused in three out-of-state cement kilns.

xl

PENNSYLVANIA


Tom WoyPennsylvania Department of

Environmental ProtectionBureau of Land Recycling and

Waste ManagementP.O. Box 8472400 Market St.Harrisburg, Pennsylvania 17105-

8472Telephone: 717-787-7381FAX: 717-787-1904Web site: www.dep.state.pa.us

C Existing tire regulations were adopted under the SolidWaste Management Act of 1980. Residual waste regulationbecame effective in 1992.

C A regulatory change in 1992 redesignated tires as a residualwaste rather than a municipal solid waste.

C A $1/tire fee on new tire sales wasestablished in 1992, under theRecycling and Planning Act of 1988. These monies have been redirected tofund mass transit systems in the State.



C Waste tire processing facilitiesare permitted under a generalpermit.

C Current requirements includeaccess control, hazardprevention, nuisance control,recordkeeping, reporting, andsite closure. Isolation distancesare required between piles.

C Limits set on pile size, height,and width.

C Storage of scrap tires for over 1year is considered disposal andis subject to permitrequirements, including pilesize, fire lanes, and placement.

C Disposal of whole waste tires in the State of Pennsylvania isprohibited.

C A 5% price preference for Statepurchase of supplies that meet recycledcontent requirements.

C A $1 million Environmental TechnologyFund offers low interest loans forrecycling research and developmentprojects and for funding new recyclingequipment.

C Pennsylvania Department ofTransportation laid two rubber-modifiedasphalt paving projects in 1998.

C The State has a policy that suggests theuse of whole tires over a landfill coversystem to mitigate the problem of tiresfloating in landfills.

xli

RHODE ISLAND

State Contact Legislation and Regulations Funding Sources/Fees Collector, Seller, and HaulerRegulations

Stephen MorinDepartment of Environmental

Management235 Promenade StreetProvidence, Rhode Island 02908Telephone: 401-277-2771, ext. 2401FAX: 401-277-3162

Dante IonataResource Recovery Corp.65 Shun PikeJohnson, Rhode Island 02919Telephone: 401-942-1430FAX: 401-946-5174

C RIGL 37-15.1, “Hard-to-Dispose Material - Control andRecycling,” applies to scrap tires.

C Solid waste management facility regulations apply to tiredumps and regulate size of piles, fire control measures, etc.

C RIGL 23-63, “Vehicle Tire Storage and Recycling,” enactedin 1992, established a $5 deposit on each new vehicle tirepurchased and provided for a full refund to the consumerupon return of used tires. This deposit system becameeffective January 1, 1993.

C January 1, 1990, a $0.50/tire tax on new tire saleswas imposed. Revenues are deposited in a “Hard-to-Dispose Material Account” along with monies fromsurcharges on other “hard-to-dispose” wastesincluded in the bill. The State generates $3million/year from the fees to fund educational andtechnical assistance programs for collection,marketing, recycling, reuse, reduction, and safedisposal of “hard-to-dispose materials”; to establishgrant and research programs; to survey, track, andmonitor hard-to-dispose materials; and to establishregional collection centers for hard-to-disposematerials.

C Tire recyclers are assessed an initial license fee of$50 and an annual renewal fee of $25.

C Since January 1, 1993, the Rhode Island PortAuthority is required to have a tire site remediationaccount funded by an additional $0.75/tire tax on newtire sales.

C Ninety percent of the funds in the tire remediationaccount will be used for the cleanup, recycling, anddisposal of existing tire piles; 10% may be used toassist municipalities with collection and properdisposal of waste tires.



C Facilities storing more than 400tires must obtain a license fromthe Department ofEnvironmental Management.

C Tire recycling or recoverybusinesses must be licensed bythe Department ofEnvironmental Management.

C Disposal of scrap tires is restricted to one of three methods:

- Facilities operated by the State Solid WasteManagement Corporation;

- Licensed privately operated tire storage, recycling, orrecovery facilities; or

- Transport to an out-of-state recycling facility.

C Burning of scrap tires within the State is banned.

C Exporting tires for burning as fuel outside the State andwithin 30 miles of any reservoir watershed for Rhode Islandcan occur only after the DEM receives written assurancethat the burning facility meets all applicable State andFederal pollution control standards.

C The Hard-to-Dispose Material Account fundseducational and technical assistance programs forcollection, marketing, recycling, reuse, reduction, andsafe disposal of hard-to-dispose materials, includingscrap tires.

xlii

SOUTH CAROLINA


Celeste DuckettSouth Carolina Bureau of Land and

Waste ManagementDivision of Solid Waste Planning

and Recycling2600 Bull St.Columbia, South Carolina 29201Telephone: 803-896-4226FAX: 803-896-4001E-mail:[email protected]

C South Carolina’s Solid Waste Policy andManagement Act of 1991 (SB 388 and HB 3096)contains provisions for a $2/tire tax on the saleof new tires that became effective in November1991.

C The Act establishes a 10-member Waste TireCommittee.

C The Act requires State and county solid wasteplans to include a section on waste tires.

C Department of Health and Environmental Control(DHEC) is required to establish regulations forpermitting/registering collectors, processors,haulers, and disposers of waste tires. Theseregulations were promulgated in 1993.

C For every new tire sold in the State a fee of $2is collected by the tire retailer. The retailer maykeep 3% for administrative costs. In addition,the retailer may keep $1 for every old tire thathe or she sends to a permitted waste tirerecycling/disposal facility. The remainder issent by the retailer to the State Treasurer’sOffice.

C Forty-four cents of the $2 goes into theSCDHEC Waste Tire Fund (part of the SolidWaste Trust Fund) for grants to localgovernments. The Waste Tire Fund may beused for grants to local governments for theremediation of stockpiled waste tires, toconstruct or operate a tire-derived-fuel facility,to construct or operate a waste tire treatmentfacility, to contract for waste tire treatmentservices, to contract for the removal of wastetires or to perform research designed tofacilitate waste tire recycling or disposal.

C The remainder (up to $1.50/tire) is allocated tothe counties directly by the Department ofRevenue on a per capita basis. This money isallocated on a quarterly basis and is to be usedby the counties for waste tire managementpurposes only.

C Prohibits counties from charging additionaldisposal fees except for oversize and out-of-state tires.

C Counties are required to establish wastetire collection sites within 12 months ofpromulgation of regulations.


C The Department of Health andEnvironmental Control currently hasmandatory guidelines for scrap tirestorage.

C Requires owners and operators ofwaste tire sites to notify the SouthCarolina Department of Health andEnvironmental Control of the site’slocation, size, and number of tiresaccumulated.

C Bans whole waste tires from disposal atlandfills.

C New tire retailers may keep 3% of the $2 Statefee for administrative costs and $1 for every oldtire they send to a permitted waste tirerecycling/disposal facility.

xliii

SOUTH DAKOTA


Vonni KallemeynSouth Dakota Department of

Environment and NaturalResources (DENR)

Waste Management ProgramFoss Building523 East CapitalPierre, South Dakota 57501-3181Telephone: 605-773-3153FAX: 605-773-6035

C Waste tire law was passed and became effective July 1,1992.

C Amendments became effective on July 1, 1996.

C DENR prepared a waste tire study for the Legislature byJanuary 1, 1993.

C Registration fee of $0.25/tire per vehicle(not to exceed $1/vehicle). Fees areremitted to the State to develop a grantfund for tire recycling end uses. Theincineration of tires in waste-to-energyunits does not qualify for grant funds.


C Effective July 1, 1998, haulers of wastetires are responsible for transportingwaste tires to a DENR-approved collectionor processing site.


C Storage facilities must have asolid waste permit.

C Tire handlers permitted byDENR to process tires mayaccumulate up to 100,000 tiresannually before removal. Accumulated tires must beremoved annually.

C Financial assurance is requiredat $2 per tire.

C Tires must be cut into at least four pieces or shredded priorto landfilling.

C Open burning of tires is prohibited.

C State grant fund for tire recycling enduses, including funding of tire-derivedfuel programs. The incineration of tiresin waste-to-energy units does notqualify for grant funds.

C Waste Management Program and SouthDakota DOT are working to develop civilengineering applications for shreddedtires.

xliv

TENNESSEE


Alan BallTennessee Department of

Environment and ConservationDivision of Solid Waste Assistance401 Church Street, L&C Tower14th FloorNashville, Tennessee 37243-0455Telephone: 615-532-0090Fax: 615-532-0231Web site: www.state.tn.us/environment/swa

C State Solid Waste Management Planning Act [TennesseeCode Annotated (TCA) 68-211-801] was passed in 1991. Itrequires the Department of Environment and Conservation(DEC) to purchase mobile shredders and operate themthroughout the State to process segregated and temporarilystored tires at landfills, or for the DEC to contract with ashredding service.

C TCA 68-211-831 was amended in 1996 to allow the State tospend money to clean up unpermitted waste tire dumps.

C TCA amended (by SB 1729/HB 1885) in 1998 to:

- Identify beneficial end uses for waste tires to be eligiblefor grant reimbursement;

- Authorize the DEC to enter into contracts withcompanies that recycle tires;

- By 2000, limit tipping fees or waste tires in counties thatreceive DEC grants;

- Ban landfilling of tire shreds by 2002.

C Since July 1, 1998, fees on wastedisposal in Class I landfills andincinerators are $0.75/ton. Fees onnew tire sales ($1/tire) became effectiveOctober 1991. State of Tennesseecollects all fees.

C Prohibits counties from imposingadditional disposal fees or surchargeson tires above the tipping fee for regulargarbage.

C By January 1995, each county mustestablish at least one waste tire collectionsite.


C Rule 1200-1-7-.04 governsstorage and disposal.

C Facility must have a permit.

C Since January 1, 1995, whole tires have been banned fromdisposal in landfills.

C Effective the year 2002 tire shreds will be banned fromlandfills.

C State grant program for countygovernments to find beneficial end usesfor their tires in lieu of State providedshredding service.

C Grant reimbursement for beneficial enduses of waste tires.

C Under the provisions of the law, the DEChas contracted with a private shreddingservice to process tires at countycollection sites.

C Four industries are burning tires or tire-derived fuel.

- Signal Mountain Cement Company;- Bowater Inc. (pulp mill); - The Tennessee Valley Authority’s

Allen Fossil Plant; and- South Down, Inc. (cement kiln).

xlv

TEXAS


Debbra Bohl (MC-125)Closed Landfills and Automotive WastesTexas Natural Resource

Conservation CommissionP.O. Box 13087Austin, Texas 78711-3087Telephone: 512-239-6695FAX: 512-239-6015Prerecorded Information Line: 1-888-892-7833Web site: www.tnrcc.state.tx.us

C No new legislation passed in 1997. Majority of waste tirerecycling statutes expired December 31, 1997.

C Health and Safety Code, Article 5, Subchapter P - WasteTire Recycling Program expired December 31, 1997.

C Health and Safety Code, Article 5, Subchapter C, Section361.112 - Storage, Transportation, Disposal of Used orScrap Tires remains in effect.

C $2 waste tire recycling fee was repealed, effectiveDecember 31, 1997.

C $0.80 per waste tire unit reimbursement to processors andwaste tire energy recovery facilities was repealed, effectiveDecember 31, 1997.

C $9 million available for the remediationof illegal waste tire dumps. Fundingadministered through competitive bidprocess.

C Tire generators, transporters, storage andprocessing facilities must be registered bythe State.

C Waste tire generators may be charged forcollection, recycling, and/or disposalcosts.

C Annual reports must be submitted to theState.


C If over 500 scrap tires arestored on public or privateproperty, the site must beregistered with the State andhave a site identificationnumber.

C Processors must be registeredwith the State of Texas.

C Illegal tire dumps identified bythe State prior to December 31,1997 will be eligible for State-funded cleanup.

C Previous disposal prohibition on tires expired December 31,1997.

C All tires that are disposed of must be split, quartered, orshredded.

C No State-funded incentives. Freemarket for collection, processing, anddisposal of scrap tires.

C Currently revising rules to reflectexpiration of tire statutes.

xlvi

UTAH


Wade HansenUtah State Department of

Environmental Quality288 North 1460 WestSalt Lake City, Utah 84114-4880Telephone: 801-538-6751FAX: 801-538-6715

C SB 5, passed in May 1990, established a per-tire graduatedtax.

C Local health departments have authority over themanagement of waste tires.

C Since July 1, 1997, there is a $0.50 pertire tax on all tire sales including newcar sales. Monies will be deposited in arecycling fund.

C All haulers and collectors must keeprecords illustrating how many tires arepicked up, how many tires are disposed ofand where.

C All haulers and collectors must beregistered.


C All storage and processingfacilities have to be licensedthrough the Health Department. Facilities storing more than1,000 tires are required tofurnish bonds, comply with localzoning and tire ordinances, andare strictly limited as to howmany tires can be stored at anyone time. The HealthDepartment enforces a manifestsystem to regulate tirecollection.

C Not addressed. C Recyclers (end users) can receive up to$70 per ton for the use of tire-derivedmaterials in manufactured products andin TDF. The end user incentive isadministered through local healthdepartments.

xlvii

VERMONT


WasteJames SurwiloState of Vermont Department of Environmental ConservationSolid Waste Management Program103 South Main Street, West BuildingWaterbury, Vermont 05671-0407Telepone: 802-241-3481FAX: 802-241-3296

RecyclingCarol GrodinskyState of VermontDepartment of Environmental ConservationEnvironmental Assistance DivisionLaundry BuildingWaterbury, Vermont 05671-0411Telephone: 802-241-3477FAX: 802-241-3273

C Although there is no legislation specific to tires,scrap tire management is addressed as part ofother environmental legislation.

C The State legislature is currentlyinvestigating recommendations of theState Solid Waste ManagementProgram, published in 1989, to developand propose a disposal/deposit chargeon tires at a rate high enough toencourage the return of tires to dealersand to fund scrap tire managementprograms.

C Scrap tires are considered a solid waste. As such, commercial scrap tire haulersneed a waste hauling permit.

Storage and ProcessorRegulations

Disposal Restrictions Financial/Market Incentives Additional Information

C Storage facilities andprocessors need a permit.

C Since January 1, 1992, all tireshave been banned fromdisposal in landfills.

C Landfills will be allowed tocontinue accepting tires if thefacility functions as a tirerecycling facility or a transferstation.

C A 5% price preference isauthorized for productscontaining recycled materials.

C A higher price preference isallowed if State entities that willuse the product agree on thehigher price.

C Market development grants areprovided to the private sector forthe development of new productsthat may stimulate in-Statedemand for recyclable materials.

C Grants are available to publiclyowned entities for the capitalcosts of tire recycling equipmentand programs.

C The Agency of Transportation has used tire chips in several projects for slopestabilization and has done some experimental work using asphalt rubber surfacetreatment. Tires have also been allowed to be used for riverbank and slopestabilization work in several areas, but only above low water level elevations andwhere environmental concerns are minimal.

C A study was commissioned entitled “A Report on the Use of Shredded ScrapTires in On-Site Sewage Disposal Systems.” Effective in 1992, the Stateapproved the use of tire chips in place of crushed stone in septic systems thathave a preapproved design that includes a monitoring system.

C The State approves the use of whole tires for retaining walls on a case-by-casebasis.

C Tire chips were used successfully as lightweight backfill for a timber binwall. The binwall was about 400 feet in length and about 10 feet high. Approximately7,200 cubic yards of tire chips (300,000 tires’ worth) were used as backfill.

C Tire chips are generally approved for applications that make use of their uniqueproperties (i.e., light weight, cushioning, transmissivity).

C In 1998, the State Department of Environmental Conservation built a leach fieldusing tire chips in place of stone and will monitor the effluent for 3 years.

xlviii

VIRGINIA


Allan LassiterWaste Tire Program ManagerVirginia Department of

Environmental Quality (DEQ)P.O. Box 10009Richmond, Virginia 23240Telephone: 804-698-4215FAX: 804-698-4224

C 1989—the Waste Tire Act was passed which directed theDEQ to develop and implement a plan to manage wastetires and set a $0.50 tax on the retail sale of tires, theproceeds of which are dedicated to the Waste Tire TrustFund.

C 1993—General Assembly enacted End UserReimbursement Program, using Oregon’s program as amodel.

C 1994—Current Waste Tire Plan enacted.

C 1995—General Assembly enacted Strict Liability for tire firedamage on the property owner.

C 1996—General Assembly established as a Class 6 felonythe storing of more than 500 tires without a DEQ permit.

C 1997—General Assembly determined that storing 100 to499 tires without a DEQ permit would be a misdemeanor.

C The $0.50 per tire tax on new tire salesthat was to sunset on December 31,1994, has been extended with noexpiration date.

C Voluntary registration system for haulers(75 registered as of 1998).

C Voluntary use of Waste Tire Certificationfor tracking tires.

C Certified waste tire collection sitesoperated by localities or solid wastedistricts (48 certified as of 1998).


C Tire piles at recycling sites maynot exceed 1,000 tires without apermit.

C Storage of more than 100 tiresrequires a permit for storagelonger than 90 days.

C Most processors need an MRFfacility permit under Virginia’sSolid Waste ManagementRegulations.

C Since 1988 whole tires have been banned from landfills.

C Tires that are sliced into two pieces or shredded may belandfilled.

C User Reimbursement Programachieved beneficial use for 5,830,300tires in 1995 and 7,606,200 tires in1996 with end user payments of$1,705,575 in 1995 and $2,210,196 in1996.

C The Advisory Committee and DEQdeveloped a four-year, $14.7 million,management program consisting ofregional tire collection and processingprograms, the end user reimbursementsystem and six demonstration waste tirepile cleanups.

C In 1993 a Statewide tire pile surveydocumented 731 tire piles containing anestimated 17,600,000 tires at anestimated cleanup cost of $32 million.

C Stockpile cleanups continue at a steadypace. In 1997, 37 piles containing4,665,400 tires were cleaned up underEnd User Reimbursements (only); and sixcleanup demonstrations cleaned up2,866,500 tires for a combined total of 43sites and 7,531,900 passenger tireequivalents (PTE’s).

xlix

WASHINGTON


Randy MartinWashington Department of Ecology

(DOE)Solid Waste and Financial

AssistanceMail Stop 47600P.O. Box 47600Olympia, Washington 98504-7600Telephone: 360-407-6136FAX: 360-407-6102

C Washington Administrative Code 173-304-420 addressesstorage of scrap tires.

C The tire fee on the retail sale of newtires sunsetted October 1994.

C Haulers must pay a $250/year license feeand must document delivery of scrap tiresunder provisions of the current scrap tirelaw.


C A permit from the localjurisdiction is necessary for tirepiles of more than 800 tires.

C Storage yard owners mustdevelop site plans with local firedepartments for fire control.

C Storage yard owners mustcomply with size and enclosurerequirements.

C Site owners must documentdelivery of scrap tires.

C The State’s combustor rules limit the number of tons ofsolid waste that can be burned in incinerators or industrialboilers that are not solid waste combustion facilities to 12tons/day. These rules apply to tire fuels and equal 50tires/hour.

l

WEST VIRGINIA


Paul BenedunWest Virginia Division of

Environmental ProtectionOffice of Waste Management1356 Hansford StreetCharleston, West Virginia 25301Telephone: 304-558-6350FAX: 304-558-1574

C October 1991 Special Section. SB 18 - Chapter 20, Article11, Section 8, effective June 1, 1993, bans the disposal ofwaste tires in landfills.

C Not addressed. C Regulated by West Virginia Public ServiceCommission.

C Haulers must obtain a certificate from theWest Virginia Public Service Commission.


C No more than 500 waste tirescan be stored unless a facility ortire dealer is permitted.

C Stationary processing facilitiesmust be permitted. Mobileshredders are not required tohave a permit.

C Storage at processing facilitiesis limited to one pile (or asapproved by the permit) ofwhole tires, and no more than 9piles of shredded tires, each pilemeasuring no more than 200feet by 50 feet by 15 feet.

C Since June 1, 1996, the disposal of waste tires in landfillshas been banned. Incineration of solid waste, includingtires, has been prohibited since May 1, 1993, except for“pilot” projects.

C Alternative reuse plans for non-cut or whole tires may besubmitted for consideration for approval.

C Not addressed. C Shredded tires may be used as landfilldaily cover or in the landfill liner as aleachate drainage.

C Waste tires or tire-derived material maybe beneficially reused as approved or maybe used as an alternative or supplementalfuel with appropriate Air Quality permits.

li

WISCONSIN


Paul KoziarWisconsin Department of Natural

Resources Bureau of Waste ManagementP.O. Box 7921101 South Webster StreetMadison, Wisconsin 53703Telephone: 608-267-9388FAX: 608-267-2768

C AB 481, passed in 1987, established a tire fee.

C Act 355, passed in 1990, banned scrap tires from landfillsas of January 1, 1995.

C There was a $2/tire fee on new vehicletitles. The fee generated approximately$3 million annually. Funds weredeposited in the Waste Tire Removaland Recovery Program.

C Fee/funding for the program sunsettedJune 30, 1996.

C All waste collectors, transporters, storageand processing facilities must be licensed.


C All waste collectors,transporters, storage andprocessing facilities must belicensed.

C Proof of financial responsibilityfor stored tires.

C Since January 1, 1995, tires have been banned from beingdisposed of in landfills.

C The Waste Tire Reimbursement GrantProgram is designed to providefinancial assistance regarding the costof developing or operating certain typesof waste tire reuse, and provideseligible companies with a $20/ton (or$0.01/lb) reimbursement for use ofwaste tire material for energy recovery,construction or in the manufacture ofproducts. Annually, $750,000 is setaside for this purpose.

C Beginning in 1994 processors of wastetires were eligible for a similarreimbursement as end users. Additionally, if waste tires were used tomake a product, the reimbursementwas increased to $0.02/lb.

C The State’s Waste Tire Management orRecovery Grant Program is intended toresearch new uses and expand existinguses of scrap tires. It has funded thefollowing projects:

- Air emission testing to evaluate airemissions resulting from thecombustion of waste tires with coaland wood waste;

- Testing fly ash and bottom ashresulting from combustion of wastetires and wood;

- Environmental assessment of airemissions for the proposed waste tiremedical waste incinerator;

- Testing combustion technology;- Investigating fuel feed system designs

to accommodate combustion of wastetire material in fluidized bed boiler

- Testing the development of variousrubber products, such as bed liners forpick-up trucks;

- Testing leaching characteristics ofshredded waste tires;

- Constructing roads using rubberizedasphalt.

C The State’s waste tire cleanup program isintended to clean up nuisance waste tirestockpiles:

- $2 million set aside annually to cleanup 2 million tires per year; and

- Cost recovery from responsibleparties.

lii

WYOMING


Timothy LinkWyoming Department of

Environmental QualitySolid and Hazardous Waste

Division122 West 25th StreetHerschler Building, 4-WestCheyenne, Wyoming 82002Telephone: 307-777-7164FAX: 307-777-5973

C HB 213, passed in 1989, amended the Solid WasteManagement Act for solid waste storage and treatmentfacilities. It established bonding and location requirementsand a permitting system for solid waste facilities, and limitsthe accumulation of waste, including tires, prior to disposal.

C Not addressed. C Levels are set for the number of tires thatcan be stored at retail stores, collectioncenters, and landfills without obtaining apermit.


C Levels are set for the number oftires that can be stored at retailstores, collection centers, andlandfills without obtaining apermit.

C Landfills must have a permit tostore more than 5,000 wholetires.

C Regulations establish bondingand location requirements and apermitting system for solidwaste facilities. (Tires aredefined as a solid waste.)

C Not addressed. C Not addressed.

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