&EPA United States Environmental Protection Agency SoW Waste and Emergency Response (OS-305) EPA 530-B-93-001 April 1993 State Scrap Tire A Quick Reference Guide Printed on paper that contains at feast SO percent recycled fib ------- ------- INTRODUCTION Scrap tire management has become a serious concern over the past several years. Every year, approximately 242 million scrap tires are generated in the U.S. The majority of these are added to the 2 to 3 billion scrap tires already in stockpiles across the country. Since the first scrap tire law was passed in 1985, 47 states have addressed scrap tire management through specific scrap tire laws and regulations, or through state solid waste or transportation legislation. The following matrix summarizes each state's scrap tire management legislation and programs. It is intended to provide state regulators, as well as members of industry, with a quick reference on state scrap tire regulations across the country. The regulations summarized here address collecting, selling, hauling, processing, storing, and disposing of scrap tires. The matrix also includes information on market incentives, funding sources, special field tests or studies, and innovative uses for scrap tires within each state. For further information on scrap tire management, contact the EPA RCRA/ Superfund Hotline, Monday through Friday, 8:30 a.m. to 7:30 p.m. EST. The national toll-free number is (800) 424-9346. For the hearing impaired, the number is TDD (800) 553-7672. The document, "Summary of Markets for Scrap Tires", on scrap tire management (published October 1991, EPA/530-SW-90-074B) is available through the Hotline or by writing: RCRA Information Center, U.S. Environmental Protection Agency, Office of Solid Waste (OS-305), 401 M Street SW, Washington, DC 20460. The full report, "Markets for Scrap Tires", (EPA/530-SW-90-047A) is available from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 22161, (703) 487-4600. ------- ------- ALABAMA State Contact Legislation & Regulations Funding Sources Collector. Seller, and Hauler Regulation* Walter Nichols Alabama .Department of Environmental Management (AOEM) Solid Waste Section 1751 Congressman W.L Dickinson Drive Montgomery, Alabama 36130 205-271-7761 Alabama's Solid Waste Act was passed in May 1989. State solid waste management plan expected to be completed in 1993. A scrap tire program bill will be introduced in the 1993 legislative session. The program will be administered by the Alabama Department of Public Health (DPH). The proposed bill will: - Place a $2/tire surcharge on new tire sales to fund scrap tire collection, processing, and disposal; - Reimburse scrap tire processors for processing scrap tires at a rate of $0.95 per 26 pounds of tires; - Require the DPH to identify unauthorized tire dump sites and prepare an enforcement list; - Require storage and processing facilities to provide evidence of financial assurance for cleanup and closure; and - Prohibit disposal of processed tires in landfills. The ADEM has developed draft language for a scrap tire bill. The bill will be introduced in 1993 and includes a $2 per trre surcharge on the sale of new tires. The funds would be used to establish collection sites, cover administrative costs, and fund stockpile remediation. The bill also includes the establishment of requirements for tire collection, storage, and disposal facilities. The Department of Environmental Management is preparing draft language for a tire bill to be introduced in 1993 that includes provisions for a $1/tire surcharge on tires to fund scrap tire collection and disposal. Not addressed. Storage and Processor Regulation* Disposal Restrictions Market Incentives Other Activities Facilities that process and/or store tires must have a health permit. A manifest record showing origin of tires delivered to site and destination of tires leaving the site, tire stacking dimensions, separation distances and site description is also required. Disposal facilities must have a solid waste permit. Not addressed. One monofill for shredded tires is permitted and operating. In 1990, the state legislature required that a study be performed to plan for improved scrap tire management in the state. A Tire Recycling Center was established at Gladsden State Community College in 1990 to conduct this study, ft was completed in August 1991. Sources: Scrap Tire News Fourth Annual Legislative Update, January 1992; Scrap Tire News Mid-Year Update, July 1992; Scrap Tire News, Scrap Tire Management in the States, 1992 Legislative and Regulatory Review: 1993 Forecast, January 1993; and information from States. ------- ALASKA State Contact Glenn Milter Alaska Department of Environmental Conservation P.O. BoxO Juneau, Alaska 99811-1800 907-465-5153 David WIgglesworth Anchorage Office 907-563-6529 Tom Mows Alaskan Department of Transportation 5750 East Tudor Anchorage, Alaska 99507 907-338-4200 UgWtion & Regulation* No scrap tire legislation »t the present time. Funding SOUTOM Not addressed. Co-lector, Setter, and Hauler Regulations No specific regulations. Storage and Processor Regulations. Disposal Restrictions Market Incentives Other Activities Tire piles cannot exceed 500,000 tires. Not addressed. Recycling bill gives bidders' preference to recycled products. The Alaskan Department of Transportation was the first In the United States to field test rubberized asphalt. Sources: Scrap Tire News Fourth Annual Legislative Update, January 1992; Scrap Tire News MW-Year Update, July 1992; Scrap Tire News, Scrap Tire Management in the States, 1992 Legislative and Regulatory Review: 1993 Forecast, January 1993; and information from States. . . ------- ARIZONA State Contact Daniel Zeller Arizona Department of Environmental Quality (DEO) Solid Waste Unit Office of Waste Programs 3033 North Central Avenue Phoenix, Arizona 85012 602-207-4118 or Tammy Shreeve Arizona Department of Environmental Quality Waste Assessment Office of Waste Programs 3033 North Central Avenue Phoenix, Arizona 85012 602-207-4212 Legislation & Regulations The Scrap Tire Law (HB 2687, Chapter 389} was passed in July 1990 and took effect on September 27,1990. SB 1252, which took effect in September 1991, amends the Scrap Tire Law. HB 2144, which took effect September 30, 1992, also amends the Scrap Tire Law. Storage and Processor Regulations Storage and processing facilities must obtain plan approval in accordance with guidelines as a solid waste facility. Disposal Restrictions As of January 1992, whole tires are banned from disposal in landfills. Chopped or shredded tires can be monofilled, but not landfilled. Rules were passed by the State's Regulatory Review Council in November 1992 that affect the disposal of scrap tires generated at mining facilities. Burial of tires generated at mining facilities will be permitted on-site for a period of five years. Companies must report to the DEO the number of tires buried and allow inspection of tire disposal operations. Scrap tire manifests are required for disposal of tires at a collection site. Funding Sources A waste tire fund was established in September 27,1990. Monies are raised through a 2% sales tax (not to exceed $2/tire) on the retail sales of new tires. Counties receive a share of the waste tire fund based on the number of vehicle registrations in each county. New car dealers can charge a maximum of $1/tire at the sale of a new car. New care dealers can charge a greater amount if they specify the dollar amount and its purpose. Market Incentives The waste tire fund established in 1990 is used to provide funds to counties for use in contracting with private enterprises for waste tire processing and/or collection facilities. Collector, Seller, and Hauler Regulations • Retail tire sellers must accept waste tires from customers at the point of transfer. > Scrap tire collection sites must be approved as a solid waste facility by the Department of Environmental Quality. Scrap tire collection sites must require, and tire sellers must show, a manifest for disposal of waste tires at the site. DEQ registration and plan approval Is required for all collection sites. State-funded waste tire collection sites must accept up to five tires per person per year from county residents with no fee assessed. Also must accept waste tires from retail sellers of new tires with no fee. However, if a county can demonstrate that the funds it receives from the waste tire fund are insufficient to manage its program, then the county may charge a fee for disposal. A county or private enterprise receiving a contract or grant for tire management activities must provide at least one waste tire collection site in the county and may not refuse to accept waste tires from designated dealers. Other Activities Extensive field demonstrations and tests of rubberized asphalt have been performed over the past twenty years by the City of Phoenix. Sources: Scrap Tire News Fourth Annual Legislative Update. January 1992; Scrap Tire News Mid-Year Update, July 1992; Scrap Tire News, Scrap Tire Management in the States, 1992 Legislative and Regulatory Review: 1993 Forecast, January 1993; and information from States. ,T u ------- ARKANSAS State Contact Legislation & Regulation* Funding Sources Coftctor, Setter, and Hauler RsouWfons Susan Speake Arkansas Department of Pollution Control and Ecology Solid Waste Division P.O. Box 9583 Uttle Rock, Arkansas 72209 501-570-2856 Act 752 of 1991 establishes regional solid waste management authorities and requires authorities to provide collection centers for tires. Act 748 of 1991 provides for an Income tax credit for equipment used exclusively to reduce, reuse, or recycle solid waste. Act 749, enacted In 1991, requires tire regulations to be written. These regulations were promulgated in July 1992. The Act includes language regarding the hauling, storage, and disposal of tires and requires permits for these activities. The Act may be amended in 1993 to include the implementa- tion of a scrap tire manifest system and a $1.50 fee on original equipment tires on new cars. As of July 1992, a $1.50/Ur« retail sales tax Is collected. Monies collected are placed In the Waste Tire Management Fund to provide grants for tire cleanup, recycling, and the establishment of waste tire collection centers. The Tire Grant Program sets aside 10% of total grant funds for special grants to districts for the removal of tires from illegal disposal sites. As of July 1991, there is a $1/tire fee on all tires imported into Arkansas for disposal. Permits are required for haulers of scrap tires handling more than 25 tires per load. Collection centers must be permitted. Storage and Processor Regulations Disposal Restrictions Market Incentives Other Activities Storage sites with over 1,000 tires must be permitted as a processing facility. As of July 1992, whole tires are banned from landfills. Scrap tires can be landfilled if they are cut, sliced, or shredded, or they can be monofilled. An income tax credit is available to businesses engaged in the reduction, reuse, or recycling of solid wastes. A 10% price preference is given for the purchase of retreads for state vehicles. K the retread tires were produced In Arkansas, an additional 1% price preference is added. A 30% income tax credit is available to waste management companies that invest in equipment used to reduce, reuse, or recycle solid waste, including scrap tires. Sources: Scrap Tire News Fourth Annual Legislative Update, January 1992; Scrap Tire News Mid-Year Update, July 1992; Scrap Tire News, Scrap Tire Management in the States, 1992 Legislative and Regulatory Review: 1993 Forecast, January 1993; and information from States. • • ------- CALIFORNIA State Contact General: Bob Boughton Research and Technology Devebpment Division Regulations and Permitting: Tom Mteka Permitting and Compliance Division California Integrated Waste Management Board (CIWMB) 8800 Cal Center Drive Sacramento, California 95826 Boughton: 916-255-2417 Mteka: 916-255-2443 Legislation & Regulation* SB 1322 was pasMd in 1989. It allows the Department of General Services and the California Integrated Waste Management Board (CIWMB) to promulgate regulations for state purchase of retread tires and requires the use of retreads on state vehicles (other than high-speed vehicles) after July 1,1991. Under Assembly Bill 1843 (1989) the CIWMB is required to develop a permit program for waste tire facilities; set up a tire recycling program to reduce the landf tiling of whole tires; and report to the legislature on the feasibility of using tires as a fuel supplement in cement kilns, lumber operations, and other Industrial processes. The permit program and recycling program are still being developed and should be in place by early 1993. The feasibility report has been completed. CIWMB is drafting final regulations for minor and major tire facilities. They are expected to be effective in 1993. AB 1306 requires that the California Department of Transportation (CalTrans), with CIWMB, review and modify all bid specifications for paving materials to encourage use of recycled materials, including scrap tires. Storage and Processor Regulations Effective July 1,1992, new major waste tire facilities (over 5,000 stored tires) must obtain a major waste facility permit from the CIWMB. Permit requirements include fire prevention, security and vector control measures, tire pile size and height limits, closure and pile reduction plans. In February 1992, the CIWMB issued requirements for obtaining a minor (under 3,000 tires) waste tire facility permit. Disposal Restrictions Effective January 1, 1993, whole tires are banned from landfills. Market Incentives Funding Sources Effective July 1,1990, • $.25/tlre disposal fee is collected on all used tires left with a dealer or other retailer. The fee generates $3 million annually for the California Tire Recycling Management Fund. The CIWMB is administering the fund. The CIWMB is in the process of developing a grant and loan program to encourage the recycling of tires. Grant money is expected to be available by mid-1993. Collector, Seller, and Haider Regulations No specific regulations. A 5% purchase price preference is available for state purchased products made from materials derived from used tires. The CIWMB has the authority to issue grants and loans to qualified companies engaged in tire recycling, reuse, recovery or reduction operations, including tire shredding, crumb rubber production, pyrolysis, and the manufacture of products from scrap tires. The CIWMB is mandated to designate market development zones, and provide economic and regulatory incentives to businesses within these zones for producing end products made with no less than 50% recycled material. Other Activities In early 1992, CIWMB completed a feasibility study on using tires as a fuel supplement for cement kilns, lumber operations, and other industrial processes. The Department of General Services has given final approval to an agreement between CIWMB and CalTrans to conduct research on asphalt rubber and rubber-modified asphalt concrete (RUMAC). An agreement with CalTrans is being developed to provide funds for the paving projects' maintenance using asphalt rubber. CalTrans will provide long term reporting on th« project. The CIWMB is working on a demonstration project designed to obtain operating data and emissions data from cement kilns and blomass combustion units that burn scrap tire*. Sources: Scrap Tire News Fourth Annual Legislative Update, January 1992; Scrap Tire News Mid-Year Update, July 1992; Scrap Tire News, Scrap Tire Management in the States, 1992 Legislative and Regulatory Review: 1993 Forecast, January 1993; and information from States. ------- COLORADO State Contact LegWatfon & ReguMont Funding Sources Colttctof, StMtr, and H*U»M Hegwtotton* Paul Poultan Solid Waste Program Unit Colorado Department of Health (DOM) Hazardous Materials and Waste Management Division 4300 Cherry Creek Drive South Denver, Colorado 60222-1530 303-692-3300 Solid waste regulations affecting scrap tire management became effective in May 1988. These regulations govern the final disposal of tires and regulate any site containing 10,000 or more tires as a solid waste facility. An enforcement program is In place. HB 1208, introduced In February 1991, concerns the recycling of motor products such as tires, batteries, etc. and would place a $1/tlre surcharge on the retail sale of tires in Colorado, If passed. HB 1231 has been Introduced, and if passed would affect tires as follows: - Place a $1/tire surcharge on retail sale of tires and on new vehicle tires; - Require tire pile site owners to register with Colorado DOH. Colorado DOH would assess and permit piles; and - Establish a grant fund for tire pile abatement and tire recycling projects. Neither HB 1206 nor HB 1231 passed in the 1992 legislative session. Both bills are on hold until the implications of recently passed Amendment One are understood. Amendment One may require citizens' approval before a $1/tire surcharge can be implemented, in which case nothing Is likely to happen with these two bills until 1994. Nothing to date. See "Legislation and Regulations. No specific regulations. Storaoe and Processor Regulations Disposal Restrictions Market Incentives Other Activities A facility is limited in the number of tires it can accept to the number it can process, store, recycle, or dispose of in a year. Storage requirements Include fire control, security measures, access roads, and proper solid waste and environmental permits. Safe storage is defined as placing tires or tire shreds in trenches and covering them with sheets of plastic and dirt. Noi addressed. A 20% tax credit for racy-ding equipment purchases. Sources: Scrap Tire News Fourth Annual Legislative Update, January 1992; Scrap Tire News Mid-Year Update, July 1992; Scrap Tire News. Scrap Tire Management in the States, 1992 Legislative and Regulatory Review: 1993 Forecast, January 1993; and information from States. ------- State Contact Charles Atkins Connecticut Department of Environmental Protection Waste Management Bureau Waste Engineering and Enforcement Division 165 Capital Avenue Hartford, Connecticut 06106 203-566-5847 Legislation & Regulations Guidelines for Rubber Tire Storage Areas [1978-80]. Tires are managed as a special waste under the Connecticut General Status, which became effective February 1985. The State Mandatory Recycling Act designates tires as future recyclables. Funding'Sources Not addressed. Collector, Seller, and Hauler Regulation* Any tire handler must comply with the regulations set out in the Connecticut General Status. Storage and Processor Regulations Tire storage facilities must be licensed by the Department of Environmental Protection. Requirements include ground water protection, environmental health and safety provisions and financial assurance. Disposal Restrictions Tires may be accepted at landfills until there are sufficient facilities with tire recycling capabilities in the state. Market Incentives State has a 10% price preference for products made from recycled materials. Other Activities A 300 ton/day scrap tire-to-energy facility is now operating in the Town of Sterling. In 1991, tires began to be diverted from landfills to a waste-to-energy facility in the state. The facility operates in Sterling, CT and is burning approximately 10 million tires annually. r«ii» i 1 Regulatory Review: 1993 Forecast, January 1993; and information from States. I*W* Mid'Year Updat8' •** 1992: ^P Tire states, 1992 Legislative and ------- DELAWARE SUtt Contact David Johnson Delaware Department of Natural Resources and Environmental Control Division of Air and Waste Management Solid Waste Management Branch 89 Kings Highway P.O. Box 1401 Dover, Delaware 19903 302-739-3820 Legislation & Regulations No scrap tiro legislation at the present time. However, tires are being managed as either a solid waste or recyclable material under existing solid waste regulations. Funding Sources Not addressed, Collector, Setter, and Hauler Regulations Scrap tire haulers are not required to be permitted or registered. Tire haulers are exempt from the $300 fee for solid waste transporters. Storage and Processor Regulations —— . .11! Not addressed. Disposal Restrictions Some landfills accept whole tires (with restrictions) at a cost of $80 per ton. Shredding or splitting scrap tires prior to delivery to the landfill reduces the cost to $45 per ton. Market Incentives The State's Green Industries Initiative provides tax Incentives and/or low Interest loans to business and industry to use recycled materials in manufacturing or to process recyclables. To date, two loans have been given out under this program, including one to a crumb rubber operation. Other Activities Two county landfills contract mobile shredding services. These counties used the shreds on a limited basis in leachate drainage systems at the landfills. Currently working on diverting whole tires to a waste-to-energy facility, and to crumb rubber applications. Sources: Scrap Tire News Fourth Annual Legislative Update, January 1992; Scrap Tire News Mid-Year Update, July 1992; Scrap Tire News, Scrap Tire Management In the States, 1992 Legislative and Regulatory Review: 1993 Forecast, January-1993; and information from States. , t. ------- FLORIDA State Contact Legislation & Regulation*; Funding Sources Collector, Seller, and Hauler Regulation* Bill Parker Department of Environmental Regulation Office of Solid Waste Twin Towers Office Building 2000 Blair Stone Road Tallahassee, Rorida 32399-2400 904-922-6104 SB 1192, enacted in 1988, is the Solid Waste Act. Scrap tires are addressed by the Act. Section 17-711 of the Florida Administrative Code defines terms and contains rules for handling and disposing of waste tires. A $1/tire tax on the retail sale of tires. Waste tire collectors must be registered with the Department of Environmental Protection. Collection centers must have a general permit. Storage and Processor Regulations Disposal Restrictions Market Incentives Other Activities Waste tire sites must be closed under a closure permit or located at a permitted facility. Processing or disposal facilities, collection centers, and mobile operators must have a general permit. Tires must be cut Into at least eight pieces prior to landfilling. Not addressed. A Florida Department of Transportation research study and a project on the feasibility of using crumb rubber in asphalt for road resurfacing material have been completed. A common use of scrap tires is to use tire chips as daily cover for landfills. Several refuse fuel facilities and one cement kiln in the state are burning tire chips. Sources: Scrap Tire News Fourth Annual Legislative Update, January 1992;.Scrap Tire News Mid-Year Update, July 1992; Scrap Tire News, Scrap Tire Management in the States, 1992 Legislative and Regulatory Review: 1993 Forecast, January 1993; and information from States. ------- GEORGIA Stale Contact Legislation & Regulations Funding Source* Collector. Setter, and Hauler Regulations Denny Jackson Scrap Tire Management Program Environmental Protection Division (EPD) 4244 International Parkway Suite 100 Atlanta, Georgia 30354 404-362-2696 HB 1385, a recycling amendment to the 1990 State Solid Waste Management Act that includes tires, was passed in May 1992. Georgia's Waste Tire Committee and regulators from the EPD have written proposed carrier and generator rules required by HB 1385. They were promulgated In December 1992 and were effective January 1993. As of July 1,1992, there is a Si/tire management fee on the sale of new passenger and truck (ires. Monies generated are used for grants/loans to cities and counties for pile abatement and enforcement, and for Innovative technology development. Funds foi grants and loans will not be available until after July 1993. HB 1385 requires generators of scrap tires to obtain an identification number. Carriers must obtain permits including financial assurance. HB 1385 establishes a manifest/tracking system for scrap tires. Retail dealers must keep accurate records and report to the EPD quarterly on the number of new replacement tires sold. Storage and Processor Regulations Disposal Restrictions Market Incentives Other Activities No one may store more than 100 scrap tires anywhere in the state. Exceptions include: - Solid waste disposal sites with a permit to store scrap tires prior to disposal; - tire retailers, if the number of scrap tires stored is under 500; - tire retreader with not more than 1,500 scrap tires, if the tires will be retreaded; - Auto salvage yards with not • more than 500 scrap tires in storage. Storage and processing facilities must comply with pile dimension requirements. Processors of scrap tires are not required to have permits if 75% of the incoming tires are recycled. Effective January 1,1995, whole tires are banned from landfills. Shredded or chopped tires can be landfilled if no other end markets are available. A Recycling Market Development Council has been established to determine what needs to be done to facilitate development and expansion of markets for recovered materials, possibly including scrap tires. The EPD Is gathering information on the locations and number of tires in unpermltted tire stockpiles in the state. Criteria for scrap tire dump abatement will be developed in 1993. Sources: Scrap Tire News Fourth Annual Legislative Update, January 1992; Scrap Tire News Mid-Year Update, July 1992; Scrap Tire News, Scrap Tire Management tn the States, 1992 Legislative and Regulatory Review: 1993 Forecast, January 1993; and information from States. ------- HAWAII State Contact Legislation & Regulations Funding Sources Collector, Seller, and Hauler Regulation* Gary Siu Department of Health Office of Solid Waste Management Five Waterfront Plaza Suite 250 500 Ala Moana Boulevard Honolulu, Hawaii 96813 808-586-4226 No scrap tire legislation at the present time. However, the Office of Solid Waste Management is planning to propose either a ban on the disposal of tires in landfills or a per tire tax on the retail sale of tires during the January 1993 legislative session. A $1.50/tire advance disposal fee that failed in the 1992 legislature is expected to be filed in the 1993 legislative session. No specific regulations. Storage and Processor Regulations Disposal Restrictions Market Incentives Other Activities No specific regulations. As of July 1, 1992, whole tires are banned from landfills by the City and County of Honolulu. The Department of Accounting and General Services has finalized (under legislative direction) its procurement rules and specifications. They include a 10% preference for products made with recycled materials, including retread tires. The rules will be promulgated by mid-1993. Honolulu City and County are implementing a scrap tire management program including provisions for selling shredded tires to Honolulu Power as fuel. An assessment on tire sales is under consideration as a source of funds for the program. Sources: Scrap Tire News Fourth Annual Legislative Update, January 1992; Scrap Tire News Mid-Year Update, July 1992; Scrap Tire News, Scrap Tire Management in the States, 1992 Legislative and Regulatory Review: 1993 Forecast, January 1993; and information from States. ------- IDAHO Stale Contact LegWatton & Rtgutettora Funding Source* Coltoctof, S*I»r, and Hauler Regulation* Todd Montgomery Department of Health and Welfare Division of Environmental Quality (DEQ) Water Quality Bureau 1410 North Hilton Street/Statehouse Boise, Idaho B3720 208-334-0464 HB 3S2, passed in March 1991, addresses fees from the sale of tires, acceptance of scrap tires, collection sites, and disposal of scrap tires. As of August 1992, regulations were passed that allow payment of funds from the Waste Tire Grant account to retreaders to begin. A $1/tire fee on the retail sale of motor vehicle tires is In place. The fee Is paid to the Division of Environmental Quality for deposit on a quarterly basis In the Waste Tire Grant account. No specific regulations. Tire sellers must accept a number of scrap tires from consumers for disposal/ recycling equal to the number of ires sold/year. Scrap tire collection sites must register with the DEQ. Storape and Processor Regulations Disposal Restrictions Market Incentives Other Activities An owner or operator of a waste tire collection site must register with the Division of Environmental Quality and provide information concerning the site's location and size and the approximate number of waste tires that are stored at the site. Disposal of tires at landfills and incineration sites is banned (except as allowed under permissible fuel uses), effective July 1,1993. Beginning January 1,1993, tires must be disposed at scrap tire collection sites. Each county will establish a program addressing waste tire disposal by October 1, 1992. As of July 1,1992, the Division of Environmental Quality may establish a program to make grants to counties or contract with private entities to do any of the following, either individually or collectively: - Contract for a waste tire processing facility service; - Remove, or contract for the removal of, waste tires from county landfills or removal of other existing unlawful tire piles in the state; - Establish waste tire collection centers at solid waste disposal facilities or waste tire processing facilities. The Waste Tire Grant account: - Provides a $0.10/tire credit to dealers for accounting/reporting expenses; • Provides end users of tires and tire derived materials a $20/ton reimbursement for eligible uses, such as energy recovery, shredding, soil erosion control, collision barriers, crumb rubber for asphalt use or as a raw material for other products and hauling to out-of-state processing facilities. To date, no funds have been dispersed under this provision, which requires that companies submit a proposal; - Reimburses retraaders $1.00 for every tire they retread. The Division of Environmental Quality will provide an annual report to the Legislature on the grant programs that includes an examination of the adequacy of the funding. Sources: Scrap Tire News Fourth Annual Legislative Update. January 1992; Scrap Tire News Mid-Year Update, July 1992; Scrap Tire News, Scrap Tire Management in the States, 1992 Legislative and Regulatory Review: 1993 Forecast, January 1993; and information from States. .^^_____ ------- ILLINOIS State Contact Legislation & Regulations ''. Funding Sources Collector, Seller, and Hauler Regulations Alan Justice Department of Energy and Natural Resources (DENR) Office of'Recycling and Waste Reduction 325 West Adams Room 300 Springfield, Illinois 62704-1892 217-524-5454 HB 1085 (PA 86-452), enacted August 31,1989, amends the Environmental Protection Act to create the Used Tire Management Program. Financial assistance can be provided to local governments for cleanup of tire piles, development of markets for tire-based products, and regulations to control mosquito infestations in tire piles. SB 989 (PA 87-727), enacted September 23,1991, further amends the Environmental Protection Act by establishing a new fee on tires sold, sets priorities for how monies generated are earmarked, requires tire retailers to accept used tires for recycling, and requires the development and implementation of a plan to eliminate large tire piles. The Act also creates a waste management hierarchy for used tires generated. HB 1159 (PA 87-476) enacted September 13,1991, amends the Civil Administrative Code of Illinois by requiring the Illinois Department of Central Management Services to develop and implement a program to use retreads as replacement tires on state-owned vehicles whenever possible. SB 1768 (1992), pending final certification, will authorize retailers to enter agreements with their suppliers to have the supplier remit the $1/tire fee collected to the state. As of January 1,1990, $.50 of each vehicle title fee is deposited into a Used Tire Management Fund. Approximately $1.7 million is generated annually. This source of funding expires on December 31, 1994. As of July 1,1992, any person offering tires at retail sale in Illinois must collect a fee of $1/tire sold and delivered in the state. After collection allowances are paid to the retailer and the Illinois Department of Revenue, $.80 of each dollar is deposited into the Used Tire Management Fund. Approximately $8 to $10 million is expected to be generated annually. Rnal rules for licensing scrap tire transporters were finalized in 1990. • As of July 1,1992, any person offering tires for retail sale must accept for recycling one used tire for every tire sold. As of July 1,1992, any person offering tires for retail sale in Illinois must post a written notice that includes the universal recycling symbol and the following statement: "DO NOT put used tires in the trash*; "Recycle your used tires"; and "State law requires us to accept used tires for recycling, in exchange for new tires purchased." Any retailer that collects used tires for recycling under PA 87-727 may not allow the tires to accumulate for a period of more than 90 days. Storage and Processor Regulations Disposal Restrictions Market Incentives Other Activities As of April 1991, scrap tire storage facilities were requested to limit tire pile size, and assure that water does not accumulate in tires. Site owners must maintain daily records of tires received and/or processed. Sites with more than 5,000 tires are required to have financial assurance to cover the cost of site cleanup. As of January 1992, processors are regulated. Provisions include assuring that tires are processed in a manner that prevents water accumulation. As of January 1,1992, no one can operate a tire storage site containing more than 50 used tires unless the site has been registered with the Illinois Environmental Protection Agency. Registered sites must report the number of tires accumulated, the status of vector control, and the actions to handle and process the tires. Effective July 1,1994, whole tires will be banned from landfills. The Illinois DENR's Used Tire Recovery Program: - awards a low interest loan to expand existing used tire processing facilities in the state; - funded five tire-derived fuel test burns in 1991; - is making low interest loans available to fuel users to retrofit existing equipment or make improvements to facilitate the use of tire-derived fuel; - conducted a test of passenger retread tires with the Illinois State Police. - conducted a test on rubber modified asphalt concrete in conjunction with the Illinois Department of Transportation. - is expanding its current guidelines to Include a more comprehensive program with rebates, grants, and loans to help develop markets for scrap tires. A portion of the money generated from the $1/tire fee imposed by PA 87-727 will be available to the Illinois DENR to provide grants and loans for: - assisting units of local government and private industry in establishing facilities and programs to collect, process and use scrap tires and tire-derived materials; and - demonstrating the feasibility of innovative technologies and applying these technologies at the recycling facilities. A study was conducted by the Department of Energy and Natural Resources, entitled "Illinois Scrap Tire Management Study" and published October 1989. The Illinois Environmental Protection Agency will investigate the use of alternative materials, including shredded tire material, to serve as a daily cover at sanitary landfills. Sources: Scrap Tire News Fourth Annual Legislative Update, January 1992; Scrap Tire News Mid-Year Update, July 1992; Scrap Tire News, Scrap Tire Management In the States, 1992 Legislative and Regulatory Review: 1993 Forecast, January 1993; and information from States. ------- INDIANA State Contact Legislation & ReguMont Funding Sources Collector. Seller, and Hauler Regulations Timothy Hotz Department of Environmental Management (DEM) Office of Solid and Hazardous Waste 105 South Meridian Street Indianapolis, Indiana 46206^015 317-232-7155 HB1391. signed into law March 1990, establishes regulations on the disposal of lead acid batteries and waste tires. HB 1056. an act amending HB 1391, was passed in 1990. When HB 1056 sunsetted, it was replaced by HB 1047, which requires that rules be written on tire storage and transport. HB 1047 also extended the life of the Waste Tire Task Force. PL 19, passed In 1990, created the Waste Tire Management Fund and established a price preference for recycled materials, including retread tires. PL 236, passed In 1991, affects tire retailers, wholesalers, haulers, and processors. PL 88, passed in March 1992, sets up a registration system for storage of waste tires. The DEM issued interim guidelines for scrap tire cutting facility and storage facility permits. The guidelines establish the number of tires that may be stored at either cutting or storage facilities, sets forth fire protection/safety requirements, on-site waste water requirements, mosquito control requirements, and Identifies tire pile size requirements for whole and processed tires. These guidelines remain in effect until the rules developed 'In accordance with HB 1047 are passed by the Solid Waste Management Board. As of January 1993, the rules had been revised and were undmgoing public review. It Is expected that the Board will act on the proposed rules within the first six months of 1993. The DEM's Waste Tire Task Force expects to make recommendations to the state legislature on additional scrap tire management legislation for introduction in 1993. ' . - As of July 1991, a waste tire management fund was created to pay for cleaning up tire dumps when the responsible party is unknown or cannot afford the cleanup. The fund Is supported by permit fees from waste tire storage sites, additional appropriations, and other fees as established by the General Assembly. Provisions and permit fee amounts have been established for registering/ licensing scrap tire haulers. Tire retailers are required to post a notice in the establishment advising customers that the retailer is required to accept the customer's used tires for recycling. Retailers must retain one used tire for each new tire sold. A manifest form is required for shipment of scrap tires from a generator to a disposal or processing facility. AtftfAfiA And I Disposal Restrictions Market Incentives Other Activities A permit is required for scrap tire storage facilities. Waste tire cutting facilities are defined in PL 236 and requirements are set forth for operating a facility. Waste tire cutting facilities are not required to obtain permits as long as they shred tires only. Provisions and permit fee amounts have been established for registering/licensing other processing facilities. The amount of time retailers and wholesalers can retain whole tires is limited. Individual landfills are allowed to restrict the disposal of tires. A10% price preference for state purchases of supplies that meet recycled content requirements. The Waste Tire Task Force, which Is working to develop marketing strategies and incentives for dealing with tire piles, meets once a month. The Task Force recently made 10 recommendations to the legislature, Including a tire tax and the use of retread tires on state agency vehicles. Sources: Scrap Tire News Fourth Annual Legislative Update, January 1992; Scrap Tire News Mid-Year Update, July 1992; Scrap Tire News, Scrap Tire Management in the States, 1992 Legislative and Regulatory Review: 1993 Forecast, January 1993; and information from States. ------- IOWA State Contact Legislation & Regulations Funding Sources Collector, Seller, and Hauler Regulations Brian Tormey bwa Department of Natural Resources (ONR) Waste Management Division 900 East Grand Avenue Henry A. Wallace Bldg. Des Moines, Iowa 50319-0034 515-281-8382 House Rle 753, the Waste Management and Recycling Act, was passed in 1989. A portion of the Act addresses waste tire disposal. House Rle 706, Registration of Waste Tire Haulers, was passed in 1990. House Rle 2475, An Act Relating to Waste Tire Management, was passed in 1992. The Act set up a one year waste tire collection pilot program, which runs from July 1, 1992 to June 30,1993. The program has $515,000 in funding and involves 19 counties. Waste tires must be collected at no charge and may not be landfilled. The program is intended to encourage the creative reuse and recycling of tires. DNR's 1993 legislative proposal package includes a recommendation that a financial program be established through a surcharge applied at the time of new vehicle registration and title transfer. HF 706 requires that waste tire haulers register with, and obtain a certificate of registration from the Secretary of State's Corporation's Division Office. A $10,000 surety bond is required of each hauler to be registered. "Waste tire hauler" means a person who transports for hire more than 40 waste tires in a single load for commercial purposes. Haulers are liable for any costs associated with Improper disposal of tires. Generators of scrap tires must contract with a registered hauler for removal of scrap tires. Transporters of scrap tires for final land disposal are required to dispose of the tires at permitted sanitary disposal facilities. Storage and Processor Regulations Disposal Restrictions Market Incentives Other Activities HF 2475 established permitting requirements for waste tire storage and processing facilities. The requirements, which will include a permit fee and a financial assurance instrument, apply to facilities with more than 500 tires. The rules for implementing the permit program are still being developed. As of July 1, 1991, disposal of whole tires in landfills is banned. Tires must be processed by, at a minimum, shredding, cutting, or chopping into pieces that are no longer than 18 inches on any side. Disposers of scrap tires must contract with a registered hauler for removal of waste tires. The Landfill Alternatives Grant Program (passed as part of the 1987 Iowa Ground Water Protection Act) provides funding for source reduction and recycling projects. Since 1988, five projects for scrap tire management have received funding. The Grant Program is funded by a tonnage fee, a surcharge on all wastes, paid in addition to a tipping fee, at landfills. The Iowa Department of Natural Resources prepared a study entitled "Waste Tire Abatement in towa: A Study to the General Assembly" published in January 1991. The report recommended: - waste tire haulers be registered and bonded; - the use of tire-derived fuel at the state's three public universities; - local governments use tire chips as a leachate collection medium in landfills; - a financial mechanism to fund the program. Preferred method is a vehicle registration surcharge; and - a modified "bounty" system for local governments for tire pile cleanups. The University of towa has been using shredc^d tires in its boilers for the past 3 years. The towa DNR is working to encourage other institutions to do the same. Sources: Scrap Tire News Fourth Annual Legislative Update, January 1992; Scrap Tire News Mid-Year Update, July 1992; Scrap Tire News, Scrap Tire Management in the States, 1992 Legislative and Regulatory Review: 1993 Forecast, January 1993; and information from States. ------- KANSAS SUte Contact Legislation & Regulations Funding Source* CoKectof, SiN«f, and Hauler ReguttMons Joe Cronln Kansas Department of Health and Environmont Bureau of Waste Management Forbes Reid. Building 740 Topeka, Kansas 66620 913-296-1667 SB 310,arecycling bill, was signed Into law in June 1990. Regulations for waste tire processing facilities, collectors, and collection canters went Into effect on July 1,1992. An excise tax of $.50 on the retail sale of new tires. An estimated $1.3 million per yew In tire fund revenues will be used for grants to local governments and program administration. The Waste Tire Management Fund was established in 1990 to provide grants to cities and counties for scrap tire recycling, management, collection, and disposal operations; and to enforce laws relating to collection and disposal fees. Collectors, haulers, and processors we required to have permits and provide financial assurance. Storage and Processor Regulations Disposal Restrictions Market Incentive* Other Activities Permit requirements for waste tire processing facilities, collectors, and collection centers include zoning and site plans, a management/operation plan for the site containing information on the number of tires to be processed, type of processing to be used, a contingency plan for fire or other emergencies, proof of ownership of site, a closure plan, financial assurance, pile size limitations, and site operation standards. As of July 1,1990, whole tires are banned from disposal in landfills. Tires, if cut sufficiently small, may be disposed of in landfills. Tires may be disposed only in permitted disposal facilities. The first municipal grants Issued through the Waste Tire Management Fund are expected to be awarded In 1993. Income tax credits are available to businesses for the purchase of equipment to manufacture products using recycled feedstocks. Whole tires may be used as part of a proven and approved leachate collection system. Cut tire chips may be used as daily landfill cover material. Sources: Scrap Tire News Fourth Annual Legislative Update. January 19S2; Scrap Tire News Mid-Year Update. July 1992; Scrap Tire News. Scrap Tire Management In the States, 1992 Legislative and Regulatory Review: 1993 Forecast, January 1993; and information from States. ------- KENTUCKY State Contact legislation & Regulations Funding Sources Collector, Seller, und Hauler Regulation* Charles Peters Department of Environmental Protection Division of Waste Management 14 Reilly Road Frankfort, Kentucky 40601 502-564-6716 Randy Johann Kentuckian Regional Planning and Development Agency 11520 Commonwealth Drive Louisville, Kentucky 40299 502-266-6084 HB 32, passed in April 1990, specifically addresses the storage and processing of scrap tires. A $1/tire tax on the retail sale of tires. A waste tire trust fund was established for cleanup of tire piles, to fund loan and grant programs, to develop uses for waste tire material, and to fund collection and storage programs. Application requirements for the grant and loan programs have been established. No specific regulations. Storage and Processor Regulations Disposal Restrictions Market Incentives: Other Activities Tire piles with more than 100 waste tires must be registered with the Department of Environmental Protection. Tire piles cannot contain more than 500 tires. Tires must be stored so that they do not accumulate water. Only tires "rendered suitable for disposal* may be disposed of in landfills. This means tires must be cut. Not addressed. The Kentuckian Regional Ranning and Development Agency coordinated an effort to enact a flow control ordinance for tires. All tires generated in nine counties would have had to be sent to a local cement plant to be burned for fuel. The ordinance was not passed and there Is no regional collection system, however, the cement plant is burning tires. ' Sources: Scrap Tire News Fourth Annual Legislative Update, January 1992; Scrap Tire News Mid-Year Update, July 1992; Scrap Tire News, Scrap Tire Management in the States, 1992 Legislative and Regulatory Review: 1993 Forecast, January 1993; and information from States. ------- LOUISIANA Sut§ Contact Michael Vrtnce Louisiana Department of Environmental Quality Office of Solid and Hazardous Waste P.O. Box 82178 Baton Rouge. Louisiana 70684-2178 504-765-0249 Legislation & RegtMton* Act 185, a solid waste recycling and reduction law affecting scrap tire*, was passed in 1969, and became effective January 20,1992. The Department of Environmental Quality formulated regulations for scrap tire recycling In accordance with Act 185. Revisions to these regulations are expected to be promulgated in early 1993. 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 sal*. Funding Sources As of January 1992, a waste ire management fund pays for clean up of tire piles where the responsible party Is unknown or cannot afford cleanup costs. Source of funding Is permit fees from tire transporters, collection/processing facilities. A $2/tire fee on retail sales became effective February 1992. CoWtctor, Sefftr, and Hauler Regulations • Permit feet have been established for tire haulers. collectors, and processors. • Tire retailers are required to post a notice in their establishment advising customers that the retailer is required to accept the customer's used tires for recycling. • Customers are required to pay the disposal fee whether they leave the waste tire or take it with them. • Retailers must retain one used tire for each new tire sold. • The period of time over which collection/ processing facilities can retain whole tires Is limited. Storage and Processor Regulations tft^^±t^^^^mmfmmm^^**^twmm*i^^*jS£L • As of January 1990, tires must go to a permitted recycling or solid waste disposal facility or to waste tire collection sites, • Permit fees have been established for processors. Disposal Restrictions As of January 1,1991, whole tires cannot be disposed in landfills. They must be cut or shredded prior to disposal. s Market Incentives A 5% price preference for State purchase of supplies that meet recycled content requirements. Tax credits equal to 20% of the cost of recycling equipment may be used to process recyclables or to manufacture materials using recycled feedstock. Other Activities Sources: Scrap Tire News Fourth Annual Legislative Update, January 1992; Scrap Tire News Mid-Year Update. Jury 1992; Scrap Tire Ktaws. Scrap Tlr. Management In tto Stat... 1992 Ugislatfv. and Regulatory Review: 1993 Forecast, January 1993; and information from States. ------- KENTUCKY State Contact Charles Peters Department of Environmental Protection Division of Waste Management 14 Reilly Road Frankfort, Kentucky 40601 502-564-6716 Randy Johann Kentuckian Regional Planning and Development Agency 11520 Commonwealth Drive Louisville, Kentucky 40299 502-266-6084 Legislation & Regulations HB 32, passed in April 1990, specifically addresses the storage and processing of scrap tires. Storage and Processor Regulations Tire piles with more than 100 waste tires must be registered with the Department of Environmental Protection. Tire piles cannot contain more than 500 tires. Tires must be stored so that they do not accumulate water. Funding Sources A $1/tire tax on the retail sale of tires. A waste tire trust fund was established for cleanup of tire piles, to fund loan and grant programs, to develop uses for waste tire material, and to fund collection and storage programs. Application requirements for the grant and loan programs have been established. Colteotor, Seller,und Hauler RegufaHonr No specific regulations. Disposal Restrictions Only tires 'rendered suitable for disposal" may be disposed of in landfills. This means tires must be cut. Market Incentives Not addressed. Other Activities The Kentuckian Regional Planning and Development Agency coordinated an effort to enact a flow control ordinance for tires. All tires generated in nine counties would have had to be sent to a local cement plant to be burned for fuel. The ordinance was not passed and there is no regional collection system, however, the cement plant is burning tires. •*•* ------- LOUISIANA Cottector, Se»*r, and H»«t»r Regulation* Michael Vince Louisiana Department of Environmental Quality Office of Solid and Hazardous Waste P.O. Box 82178 Baton Rouge, Louisiana 70884-2178 504-7650249 Act 185, a aoltd wast* recycling and reduction law affecting scrap tires, was passed in 1989, and became effective January 20,1992. Th« Department of Environmental Quality formulated regulations for scrap tire recycling In accordance with Act 185. Revisions to these regulations are expected to be promulgated in early 1993. 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. At of January 1992,« waste tiro management fund pays for clean up of tire piles where the responsible party is unknown or cannot afford cleanup costs. Source of funding is permit fees from tire transporters, collection/processing facilities. . A $2/tire fee on retail sales became effective February 1992. . Permit fees have been established for fire haulers, collectors, and processors, • Tire retailers are required to post a notice In their establishment advising customers that the retailer Is required to accept the customer's used tires for recycling. • Customers are required to pay the disposal fee whether they leave the waste tire or take it with them. • Retailers must retain one used tire for each new tire sold. • The period of time over which collection/ processing facilities can retain whole tires is limited. Storage and Processor Regulations As of January 1990, tires must go to a permitted recycling or solid waste disposal facility or to waste tire collection sites. Permit fees have been established for processors. As of January 1,1991, whole tires cannot be disposed in landfills. They must be cut or shredded prior to disposal. A 5% price preference for State purchase of supplies that meet recycled content requirements. • Tax credits equal to 20% of the cost of recycling equipment may be used to process recyclable* or to manufacture materials using recycled feedstock. Source: Scrap Tire ^ Fourth Annul Dative Update. J^u^y 1992; Scrap Tire N*. Mid-Year Update. Ju* 1992; Scrap Tire f*ws. Scrap Tir* Regulatory Review: 1993 Forecast, January 1993; and information from States. State,. 1992 I***. and ------- State Contact Legislation & Regulations Funding Sources Collector, Seller, «nd Hauler Regulations General: Cliff Eliason Enforcement: Terry McGovern/ Brent McCarthy Department of Environmental Protection (DEP) Bureau of Hazardous Materials and Solid Waste Control State House Station 17 Augusta, Maine 04333 207-287-2651 Recycling: Jody Harris Maine Waste Management Agency Office of Waste Reduction and . Recycling State House, Station 154 Augusta, Maine 04333 207-289-5300 LD 1431, passed in 1989, established a funding source for scrap tire management activities, rt went into effect January 1990. Chapter 406 of the State Solid Waste Management Plan contains requirements for proper storage or disposal of scrap tires and the licensing of storage and processing facilities. The rules that apply to tire storage facilities include provisions for surface and ground-water protection. The Tire Stockpile Abatement Law, enacted in 1991, gives DEP authority to investigate uncontrolled tire stockpiles, gives enforcement authority to DEP to require owners/operators of such sites to clean up the sites, and contains provisions concerning assignment of liability and state authority to recover funds. A $1/tire advance disposal fee paid on the retail sale will fund tire pile cleanup and scrap tire recycling grant and loan programs. As of April 1,1991, scrap tire haulers are required to be licensed, meet manifest requirements, and show financial responsibility. Storage and Processor Regulations Disposal Restrictions Market Incentives Other Activities A permit is required if tire storage area is greater than 10,000 square feet. Permit requirements decrease for storage areas less than 10,000 square feet. Exemptions are possible for short-term storage and for temporary use of portable tire shredders. All scrap tire storage facilities are covered under state solid waste processing and disposal regulations, and have the same siting restrictions. A permit is required for scrap tire processing facilities. Not addressed. The state requires the purchase of recycled materials if it is feasible and environmentally sound. This includes retread tires, chipped tires for road fill, and rubberized asphalt. The state's loan program will provide up to $50,000 to a company or entity to start a recycling company or purchase recycling equipment. Tax credits allow firms to deduct 30% of the cost of recycling equipment from their business taxes. A grant program provides funding to municipalities for capital equipment to start or expand recycling programs. A report by the Department of Transportation (DOT) was submitted to the legislature in March 1990. The subject was the use of ground tire rubber as an additive to asphalt concrete. A DOT recycling project was established. It included a comprehensive review of feasible alternatives for using recyclable materials in construction. Ground rubber from tires was one of several materials specifically identified in the study. Maine's three tire-derived fuel processors have been licensed pursuant to Chapter 406 of the regulations. A pulp and paper mill Kas been licensed to burn 30,000 tons per year of tire- derived fuel. Sources: Scrap Tire News Fourth Annual Legislative Update, January 1992; Scrap Tire News Mid-Year Update, July 1992; Scrap Tire News, Scrap Tire Management in the States, 1992 Legislative and Regulatory Review: 1993 Forecast, January 1993; and information from States. ------- MARYLAND State Contact UflWaUon & Regulations Funding Sources Collector, S*ltw, and Bawftr Regulations Muhamud Masood Department of the Environment Hazardous and Solid Waste Management Administration 2500 Bfoenlng Highway Building 40 Baltimore, Maryland 21224 41fJ-631-3315 Larry Walsh Maryland Environmental Services Department of Natural Resources 410-974-7254 An emergency scrap tire law. the Scrap Tire Storage and Disposal Act, was passed in 1989 and took effect Immediately. HB 1202, the Scrap Tire Management Law, was enacted on May 24,1991. ft regulates the proper disposal of scrap tires; established licenses for scrap tire haulers, recyclers, and disposers; and set a fee of $1 on the sale of new tires to fund used tire cleanup and recycling fund. Storage, Collection, Transferring, Hauling, Recycling, and Processing of Scrap Tires Regulations (COMAR 26.08.04) were published in the Maryland Register in June 1992. Maryland's Scrap Used Tire Cleanup and Recycling Fund is created through loan authorization and state budget appropriations. As of February 1,1992, the state has a tire recycling fee of up to $1 to be collected by retail tire dealers on the sale of a new tire in the state, Including new tires sold as part of a new or used vehicle. Dealers keep 1.2% of the gross amount of the fee collected and give the remainder to the Comptroller of the Treasury, which transfers these fees to the Used Tire Cleanup and Recycling Fund. 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. A* of July 1,1992, all scrap tire haulers and collection fadlitin must b« licensed by the Department of the Environment See Disposal Restrictions. Storage and Processor Regulations Tire dealers, recyclers, and other tire collectors cannot store scrap tires unless they prove that they will have a market for ths tires within 90 days, either by showing contracts for materials or otherwise documenting the firm's efforts to secure markets. Effective July 1,1992, all scrap tire recyclers must be licensed by the Department of the Environment. Facilities that use tires for fuel may only be approved/licensed if no other options for returning tires to the marketplace for reuse exist. Disposal Restrictions Tires banned from all Maryland landfills after January 1,1994. H dealers, reeyelws, or collectors do not satisfy the requirements for selling or disposing of the tires, they are required to use a state-approved disposal system. The law allows the Secretary of the Environment to take remedial action and/or remove tires at any site if he determines disposal may be carried out improperly or in a way that threatens the environment Market Incentives State has a 5% price preference for products containing recycled materials. Maryland Environmental Service Scrap Tire Management Program to date includes: - Retreaded Tire Utilization Pilot 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 products manufactured of scrap tire material; - Tire reef project. Other Activities The Department of Natural Resources' Maryland Environmental Service (MES) is responsible for developing the statewide tire recycling system. This includes establishing regional collection centers and haulers. The MES is also setting up demonstration programs and distributing money from the Used Tire Cleanup and Recycling Fund. State completed a market study for recyclables, including tires, in 1990. Sources: Scrap Tire News Fourth Annual Legislative Update, January 1992; Scrap Tire News Mid-Year Update, July 1992; Scrap Tire News, Scrap Tire Management In the States, 1992 Legislative and Regulatory Review: 1993 Forecast, Januasy 1993; and information from States. ' ------- MASSACHUSETTS State Contact Legislation & Regulations . Funding Sources Collator. S«ll«r( and Haiilej Regulations Jamie Doucett Department of Environmental Protection Division of Solid Waste One Winter Street, 4th Floor Boston, Massachusetts 02108 617-292-5868 An Act to Protect the Environment and Public Health by Proper Disposal of Certain Automotive Wastes was reintroduced in 1992, attached to an omnibus recycling bill. A similar tire bill could be introduced in 1993. The Solid Waste Management Facility Regulations require that storage, collection, processing, and disposal sites meet permit criteria, such as proof of ownership; site location, topography, and wetlands impact; site and pile dimensions; number of tires received and processed; fire prevention plans; and security measures. Not addressed. Massachusetts DEP does not regulate solid waste haulers. Scrap tire collection facilities are exempt from solid waste regulations if the facility can demonstrate that the tires are being recycled or reused, Collection sites must meet permit criteria. Storage and Processor Regulations Disposal Restrictions Market Incentives Other Activities Storage and processing facilities are regulated as handling facilities, and must meet permitting criteria. Processing facilities are exempt from solid waste regulations if the facility can demonstrate that the tires are being recycled or reused. As of December 31, 1991, whole tires are banned from disposal in landfills. Tires must be shredded prior to disposal in landfills. • Disposal sites must meet permit criteria. A 1988 Executive Order established 10% purchasing preference for buying recycled products or goods with recycled content. Initially targeted at paper, plastic, aluminum, and compost; the Executive Order allows a broader list at discretion of purchasing agent. A feasibility study was performed that investigated burning tire chips with coal In coal-fired power plants. The study found limited potential due to the cost of retrofitting power plants. Sources: Scrap Tire News Fourth Annual Legislative Update, January 1992; Scrap Tire News Mid-Year Update, July 1992; Scrap Tire News, Scrap Tire Management in the States, 1992 Legislative and Regulatory Review: 1993 Forecast, January 1993; and information from States. ------- MICHIGAN State Contact LegWatfon & Regulations Funding Sources Collector, Sfllter, and HtufK Reg-utatfons Kyle CruM Department of Natural Rasources (DNR) Technical Services Section P.O. Box 30241 Lansing, Michigan 48909 517-335-4757 HB 5339 was enacted in 1990. It is an amendment to the Michigan Vehicle Code (1990 PA 148). HB 4068, a Scrap Tire Regulatory Act, was passed in 1990 (1990 PA 133, effective January 1,1991). A criminal statute provides for fines up to $10/tire, 90 days In jail, and 100 hours of community service. An increased criminal enforcement effort is planned for non- complying operations. A $.50/tire disposal surcharge on each certificate of vehicle title. Monies from the surcharge are deposited In the Scrap Tire Regulatory Fund, established to clean up scrap tire piles on public land and pay for Implementing and enforcing scrap tire regulations. Haulers must be registered in order to haul scrap tires. All scrap tire collection sites must register with the Department of Natural Resources and pay a $200/year registration fee. Uncovered tire collection site* with more than 500 tires are regulated. Tire retailers must use registered scrap tire haulers for removal of their tires. Storage and Processor Regulations Disposal Restrictions Market Incentives Other Activities Tires must not be stored in piles greater than 15 feet in height, with horizontal dimensions no greater than 200 by 40 feet with 20 foot spacing between. Tires must not be stored within 20 feet of the property line or within 60 feet of a building or structure. Tires must be covered, shredded, or sprayed to limit potential of mosquito breeding. Surety bond required for outside storage of tires to assure removal. Sites with an accumulation over 100,000 tires must operate as processors by at least shredding the tires. Tires may be landfilled at facilities licensed under the Solid Waste Management Act, 1978 PA 641 as amended, or stored in compliance with Act 133 (see Storage and Processor Regulations). A 10% price preference is available for recycled products. The Department of Commerce administers a Resource Recovery Loan Program, a no interest, negotiable-term loan program for businesses that reuse or recycle materials. The DNR administers a grant program for recycling projects initiated and administered by the public or private sector. A tire clean-up program is expected to be operating by Spring of 1993. It will provide matching grants for clean-up of state/ municipal lands and will require that tires be recycled. Sources: Swap Tire News Fourth Annual Legislative Update, January 1992; Scrap Tire News Mid-Year Update, Jury 1992; Scrap Tire News, Scrap Tire Management In the States, 1992 Legislative and Regulatory Review: 1993 Forecast, January 1993; and information from States. • " ------- State Contact Legislation & Regulations - Funding Sources Collector, Seller, and Hauler Regulations Tom Newman Minnesota Pollution Control Agency Waste Tire Management Program 520 Lafayette Road St. Paul, Minnesota 55155 612-296-7170 The Scrap Tire Law was passed in 1984. A $4 tax on vehicle title transfers. The fee generates about $4 million/year in revenue, of which about $2.6 million goes to fund a stockpile cleanup program and a grant/loan program for companies recycling, reusing, or processing tires. Funding for this program ends in 1994. Transporter ID requirements and enforcement policies have been established and implemented. Tire retailers must accept as many scrap tires from a customer as tires are sold to that customer. Tire retailers may charge a disposal fee. Tire retailers may store up to 500 scrap tires without a storage permit. Tire retailers are required to use only scrap tire transporters that have a valid ID number from the state. Storage and Processor Regulation* Disposal Restrictions Market Incentives Other Activities Landfills are exempt from scrap tire storage permits if they store no more than 10,000 waste tires. Permitted transfer facilities are allowed to temporarily store and transfer up to 10,000 scrap tires. Permitted processing facilities can temporarily store, for processing, up to 70,000 scrap tires. Permitted storage facilities can store up to 500,000 scrap tires. All facilities must provide financial assurance to ensure dean closure. Tires are banned from disposal In landfills. New revisions to the Minnesota Pollution Control Agency's waste tire grant and loan rules provide money to help companies manufacture products Incorporating scrap tires. Since 1990, Minnesota has awarded about $340,000 in grants and loans to Minnesota businesses and government organizations to help develop markets for recycled scrap tire products. The Minnesota Pollution Control Agency is assisting businesses and organizations to develop innovative products, such as athletic surfaces and oil-spill cleanup material made from crumb rubber. The Minnesota Pollution Control Agency published a study on leachate from the disposal of tires in 1990. Minnesota Department of Transportation and the University of Minnesota are testing rubberized asphalt. Sources: Scrap Tire News Fourth Annual Legislative Update, January 1992; Scrap Tire News Mid-Year Update, July 1992; Scrap Tire News, Scrap Tire Management In the States, 1992 Legislative and Regulatory Review: 1993 Forecast, January 1993; and information from States. ------- MISSISSIPPI State Contact Ugf tlation & Regulations Funding Source* CoWector, SeW*r, amd H»ottr ReguWon* Mwk Williams Department of Environmental Quality Office of Pollution Control Division of Solid Waste Management P.O. Box 10385 Jackson, Mississippi 39289 601-961-5171 SB 2935, a bill addressing the disposal of batteries, tires, and household hazardous waste, was passed In 1991. Scrap tire transportation regulations were adopted December 19,1991 and became effective in 1992. Scrap tire management regulations were finalized and adopted In August 1992. The regulations include requirements for collection sites, processing facilities, and disposal sites; and financial responsibility requirements for agriculture, erosion control, or other alternative uses of scrap tires. SB 2985 may be amended in 1993 to reduce county governments' scrap tire management obligation. This would mean a reduction in funds available to counties. The original bill forced counties to develop a scrap tire management system for all scrap tires generated in the county. Only four of 82 counties have some type of system in place. Commercial businesses are filling the scrap tire management need adequately so the counties do not need to be as involved as was mandated in the original bill. A $1/tlre fee on the retail sale of tires. Scrap tire grant regulations became effective July 1,1992. Regulations address the eligibility and allocation of funds from the Environmental Protection Trust Fund. Counties and regional solid waste disposal authorities are eligible for 50% of the monies In the fund for planning and storage, processing, and/or disposal. As of January 1,1992, scrap tire haulers mutt be registered with the state. Tires may be deposited only at authorized collodion, processing or disposal points. Transportation of tires must btt certified by using state manifest forms and keeping records of transportation. A scrap tire collection site permit must be obtained if storing more than 500 tires or more than 100 for more than 90 days. As of January 1,1992, scrap tire haulers/ collectors, generators and processors must maintain manifest records of the numbers of tires generated from a facility, transported and processed, reused or disposed. Storage and Processor Regulations Disposal Restrictions Market Incentives Other Activities Coiieciion, processing, and disposal sites must obtain authorization to operate from State DEO. Draft regulations have been released for public comment. Processors must maintain manifest records of the numbers of tires generated from a facility; transported and processed, reused or . disposed.. Tires rnusi be shredueu prior to ianufliiing. Fifty percent of uie EnvifoniTionial Protection Trust Fund is allocated for manufacturing incentive grants, research and demonstration projects, pile abatement, and administrative activities. Sources: Scrap Tire News Fourth Annual Legislative Update, January 1992; Scrap Tire News Mid-Year Update, July 1992; Scrap Tire News, Scrap Tire Management in the States, 1992 Legislative and Regulatory Review: 1993 Forecast, January'1993; and information from States. ------- State Contact Legislation & Regulations* Funding Sources Collector, Seller, «nd Hauler Regulations Tom Newman Minnesota Pollution Control Agency Waste Tire Management Program 520 Lafayette Road St. Paul, Minnesota 55155 612-296-7170 The Scrap Tire Law was passed in 1984. A $4 tax on vehicle title transfers. The fee generates about $4 million/year in revenue, of which about $2.6 million goes to fund a stockpile cleanup program and a grant/loan program for companies recycling, reusing, or processing tires. Funding for this program ends in 1994. Transporter ID requirements and enforcement policies have been established and implemented. Tire retailers must accept as many scrap tires from a customer as tires are sold to that customer. Tire retailers may charge a disposal fee. Tire retailers may store up to 500 scrap tires without a storage permit. Tire retailers are required to use only scrap tire transporters that have a valid ID number from the state. Storage and Processor Regulations Disposal Restrictions Market Incentives Other Activities Landfills are exempt from scrap tire storage permits If they store no more than 10,000 waste tires. Permitted transfer facilities are allowed to temporarily store and transfer up to 10,000 scrap tires. Permitted processing facilities can temporarily store, for processing, up to 70,000 scrap tires. Permitted storage facilities can store up to 500,000 scrap tires. All facilities must provide financial assurance to ensure dean closure. Tires are banned from disposal In landfills. New revisions to the Minnesota Pollution Control Agency's waste tire grant and loan rules provide money to help companies manufacture products incorporating scrap tires. Since 1990, Minnesota has awarded about $340,000 in grants and loans to Minnesota businesses and government organizations to help develop markets for recycled scrap tire products. The Minnesota Pollution Control Agency is assisting businesses and organizations to develop innovative products, such as athletic surfaces and oil-spill cleanup material made from crumb rubber. The Minnesota Pollution Control Agency published a study on leachate from the disposal of tires in 1990. Minnesota Department of Transportation and the University of Minnesota are testing rubberized asphatt. Sources: Scrap Tire News Fourth Annual Legislative Update, January 1992; Scrap Tire News Mid-Year Update, July 1992; Scrap Tire News, Scrap Tire Management in the States, 1992 Legislative and Regulatory Review: 1993 Forecast, January 1993; and information from States. ------- MISSISSIPPI State Contact Legislation & Regulation* Funding Sources Cotlecter, S*Ww, and Hauler ReouWon* Mark Williams Department of Environmental Quality Office of Pollution Control Division of Solid Waste Management P.O. Box 10385 Jackson, Mississippi 39289 601-961-5171 SB 2985, • bill addressing the disposal of batteries, tires, and household hazardous waste, was passed In 1991. Scrap tire transportation regulations were adopted December 19,1991 and became effective in 1992. Scrap tire management regulations were finalized and adopted In August 1992. The regulations include requirements for collection sites, processing facilities, and disposal sites; and financial responsibility requirements for agriculture, erosion control, or other alternative uses of scrap tires. SB 2985 may be amended in 1993 to reduce county governments' scrap tire management obligation. This would mean a reduction In funds available to counties. The original bill forced counties to develop • scrap tire management system for all scrap tires generated in the county. Only four of 82 counties have some type of system in place. Commercial businesses are filling the scrap tire management • need adequately so the counties do not need to be as involved as was mandated in the original bill. A $1/tire fee on the retail sale of tires. Scrap ire grant regulations became effective July 1,1992. Regulations address the eligibility and allocation of funds from the Environmental Protection Trust Fund. Counties and regional solid waste disposal authorities are eligible for 50% of the monies in the fund for planning and storage, processing, and/or disposal. As of January 1,1992, scrap tire haulers must be registered with the state. Tires may be dopotlted only at authorized collection, processing or disposal points. Transportation of tires must b« certified by using state manifest forms and keeping records of transportation. A scrap tire collection site permit must be obtained if storing more than 500 tires .or more than 100 for more than 90 days. As of January 1,1992, scrap tire haulers/ collectors, generators and processors must maintain manifest records of the numbers of tires generated from • facility, transported and processed, reused or disposed. Storage and Processor Regulations Disposal Restrictions Market Incentives Other Activities Collection, processing, and disposal sites must obtain authorization to operate from State DEO. Draft regulations have been released for public comment. Processors must maintain manifest records of the numbers of tires generated from a facility; transported and processed, reused or . disposed- Tires must be sfifeuusd prior to ianufiiiing. Fifty percent of the Environmental Protection Trust Fund is allocated for manufacturing incentive grants, research and demonstration projects, pile abatement, and administrative activities. Sources: Scrap Tire News Fourth Annual Legislative Update, January 1992; Scrap Tire News Mid-Year Update, July 1992; Scrap Tire News, Scrap Tire Management in the States, 19192 Legislative and Regulatory Review: 1993 Forecast, January 1993; and information from States. ------- MISSOURI State Contact Legislation & Regulations Funding Sources Collector, Seller, and Hauler Regulation* Kate Walker Department of Natural Resources Waste Management Program P.O. Box 176 Jefferson City, Missouri. 65102 314-751-3176 SB 530, an omnibus solid waste bill passed in August 1990, Includes provisions for regulating tires. HB 438, passed in August 1990, establishes purchase preferences. Waste tire rules, CSR 804.010,10 CSR 894.020,10 CSR 804.030, and 10 CSR 894.040 became effective July 8,1991. A $.50/tire tax on retail sales of new tires (no fee collected for tires from off-the-road vehicles). The funds collected are to be used to dean up tire dump sites and for grants for end users of waste tires. Waste tire haulers who carry more than 25 tires per load must obtain a permit. Tire dealers can use only permitted haulers and must keep records of where their tires go. A hauler that has a first-stage hauler permit must have applied for a second-stage permit by December 1,1991. A waste tire hauler that did not obtain a first-stage waste tire hauler permit in 1991 must apply for and obtain a second-stage waste tire hauler permit from the department. The second-stage hauler permit requires an annual $100 permit fee. A business that hauls its own tires in vehicles driven by its own employees is not required to obtain a permit. A waste tire hauler must keep records of the number of tires collected, the number of tires delivered, and basic information about the facility accepting the tires. Tire dealers must keep records of the number of waste tires collected and basic information about the hauler accepting the waste tires. Storage and Processor Regulations Disposal Restrictions Market Incentives Other Activities Sites that store more than 500 tires for more than 30 days must obtain a permit from the Department of Natural Resources. Sites that obtained a first-stage tire site permit in 1991 must have applied for a second-stage waste tire site permit by January 1,1992. A site that did not obtain a first-stage waste tire site permit in 1991 must obtain a second-stage permit prior to accepting over 500 waste tires. A facility that stores fewer than 500 whole, cut, chipped, or shredded waste tires does not need to obtain a permit, but must conform to storage and record-keeping requirements. As of January 1,1991, whole tires are banned from disposal in landfills. Tire tax funds are expected to be available to provide grants to businesses for demonstration projects, for capital expenditures, for using tires as a fuel or in a • product, and for removal and cleanup of tires from illegal piles. Purchase preferences of 10% for products that use recovered materials, including retread tires. An advisory council on waste tires was established to assist in the development of waste tire rules and grant criteria. The State Department of Transportation is conducting demonstration projects using recovered rubber from waste tires as surfacing material, structural material, sub-base material and fill consistent with standard engineering practices. Sources: Scrap Tire News Fourth Annual Legislative Update, January 1992;' Scrap Tire News Mid-Year Update, July 1992; Scrap Tire News, Scrap Tire Management in the States, 1992 Legislative and Regulatory Review: 1993 Forecast, January 1993; and information from States. ------- MONTANA State Contact Legislation & Regulations Funding Sources CoJtector, Setter, and Hauler Regulation* Jon Diliwd Department of Health and Environmental Sciences Bureau of Solid and Hazardous Wast* 836 Front Strwt Helena, Montana 59620 406-444-1430 Scrap tire* are regulated under the Montana Solid Waste Management Act and the Montana Motor Vehicle Recycling and Disposal Act and the associated administrative rules. Both Acts were passed In 1977. Not addressed. Collection sites must be Mcensed as a solid waste management facility. Collected or stored scrap tires must be shielded from public view. Storage and Processor Regulations Disposal Restriction* Market incentives Other Activities Scrap tire collection/storage facilities must be permitted and licensed as solid waste management facilities. » Collected or stored scrap tires must be shielded from public view. Tires are currently accepted at landfills. Some landfills are beginning to charge differential fees for whole versus split tires. A 25% tax credit is available to businesses for the purchase of recycling and processing equipment. Income tax credits are available to individuals and corporations procuring recycled products. State is instructed to purchase recycled products whenever possible, but it is not a mandate. Sources: Scrap Tire News Fourth Annual Legislative Update, January 1992; Scrap Tire News Mid-Year Update, Juiy 1992; Scrap Tire News. Scrap Tire Management in in* States. 1882 Ufi&fiiiw and Regulatory Review: 1993 Forecast. January 1993; and information from States. ------- NEBRASKA State Contact Legislation & Regulations Funding Sources Collector, Seller, and Hauler Regulations Ms. Dannie Gearing Department of Environmental Control Land Quality Division P.O. Box 98922 Lincoln, Nebraska 68509-8922 402-471-4210 IB 163, a waste reduction and recycling bill addressing scrap tire management, was passed in April 1990. LB 1257, the Integrated Solid Waste Management Act, was passed in 1992. As of October 1990, there is a $1/tire fee on the retail sale of new tires. The fee also applies to new car sales. Proceeds from the fee are deposited in the Waste Reduction and Recycling Incentive Fund. The funds are used to underwrite costs of state recycling programs. LB 1257 requires a $1.25/ton disposal fee on waste disposed of at permitted solid waste disposal facilities. Fifty percent of the fee is remitted to the Waste Reduction and .Recycling Incentive Fund for grant awards. As of July 1991, a fee is assessed on businesses in the state with retail sales of tangible personal property. Businesses with sales of at least $30,000 but less than $199,000 are assessed an annual fee of $25. Businesses with sales over $200,000 are assessed an annual fee of $50. No specific regulations. Storage and Processor Regulations • No specific regulations. Disposal Restrictions • Effective September 1, 1995, tires are banned from disposal in landfills unless processed in a manner approved by the Department of Environmental Control. Market Incentives • Grant funding is available to Nebraska political subdivisions for market development for recyclable materials. Other Activities Sources: Scrap Tire News Fourth Annual Legislative Update, January 1992; Scrap Tire News Mid-Year Update, July 1992; Scrap Tire Naws, Scrap Tire Management in the States, 1992 Legislative and Regulatory Review: 1993 Forecast, January 1993; and information from States. ------- NEVADA State ConUct Legislation & Regulations Funding Sources Cotlectof, SeiK, wd Hauler Reg'Utattorw David Emnrm Division of Environmental Protection (NDEP) Bureau of Waste Management 123 West Nye Lane Carson City, Nevada 89710 702-687-5872 AB 320, pasted In 1991, requires NOEP to adopt regulations governing tire disposal and develop a plan for managing waste tires. Permitting regulations for haulers, processors, and storage facilities will be drafted by Spring 1993. The regulations being drafted pursuant to AB 320 will focus on restricting disposal of whole tires (e.g., requiring that tires be cut prior to landfllling). AB 320 requires a $1/tlre surcharge on new tires sold at retail. For 15 months, revenue goes to the account for recycling and Is used to fund recycling and solid waste management programs. After this time, the funds will go to the state highway fund to develop projects that Incorporate tires In highway use. No specific regulations. Storage and Processor Regulations Disposal Restrictions Market Incentives Other Activities No specific regulations. Effective January 1,1992, tires are banned from disposal In landfills unless no alternative is available. • Any plan to dispose of quantities of commercial scrap tires requires review and approval by the designated solid waste management authority. The regulations being drafted pursuant to AB 320 will focus on restricting disposal of whole tires (e.g., requiring that tires be cut prior to landfilling). A 10% price preference is given for recycled products manufactured in Nevada. A 5% price preference is given to all other recycled products. Sources: Scrap Tire News Fourth Annual Legislative Update, January 1992; Scrap Tire News Mid-Year Update, July 1992; Scrap Tire News Sr.»p Tire Management in the States, 1992 Legislative and Regulatory Review: 1993 Forecast, January, 1993; and information from States. , , ------- NEW HAMPSHIRE State Contact legislation & Regulations Funding Sources Collector, Selkwr, and Hauler Regulation* Sharon Yergean Now Hampshire Department of Environmental Services Waste Management Division 6 Hazen Drive Concord, New Hampshire 03301 603-271-2901 Automotive Waste Disposal Law (H8 332-FN-A, Chapter 89-263) was passed in 1989. Solid Waste District Law (RSA 149-M:13I) requires towns/districts to provide sites or access to sites for disposal of residents' tires. Two bills being prepared for introduction are: - A bill "Relative to a Waste Tire Management Program and Establishing a Preference for Rubber Asphalt Paving;" - A bill "Relative to the Collection of Automotive Wastes." Towns are authorized to collect fees for the collection and disposal of town motor vehicle wastes including tires, batteries, and used oil. Towns may request the Office of State Planning to increase the town's fees if they prove insufficient to fund proper management of motor vehicle wastes under existing conditions. The transportation of tires, either whole or shredded, is required to be accomplished in such a manner as to prevent tire pieces or whole tires from blowing or falling onto the roadways. The Office of State Planning is required to maintain and distribute to the state's towns, a current list of approved contractors for collection and disposal of motor vehicle wastes. Storage and Processor. Regulations;- Disposal Restrictions Market Incentives Other Activities Outdoor storage of tires at collection sites must be in accordance with height, width, fire lane, and barm specifications. Tires must be cut prior to landfilling. Tires may be disposed by one of the following methods: (a) Scrap tires may only be disposed in a permitted facility after being shredded, filled, or split to prevent creeping. (b) No processing of scrap tires is required at facilities that are capable of processing whole tires. Not addressed. A committee to study the development of a State Waste Tire Management Program was established. The committee was required to identify and study the reuse of waste tires for asphalt aggregate, water mains and other uses. The final report, issued in February 1992, found that ample markets for waste tires exist in the state. Sources: Scrap Tire News Fourth Annual Legislative Upoate, January 1992; Scrap Tire News Mid-Year Update, July 1992; Scrap Tire News, Scrap Tire Management in the States, 1992 Legislative and Regulatory Review: 1993 Forecast, January 1993; and information from States. ------- NEW JERSEY Slala Contact Legislation & Regulations Funding Sources Collector, S*lltr, and H*uJ»r Regulation* Steve RfnaMI Department of Environmental Protection and Energy (NJDEPE) Division of Solid Waste Management Office of Recycling CN414 Trenton, New Jersey 06625-0414 609-5304208 The Statewide Mandatory Recycling Act, passed In 1997, addresses tire management. Regulations at NJAC 7:26A address solid waste recycling and contain provisions relating to scrap tire recycling. Not addressed. Transporters hauling solid waste mutt bo registered with the state if the solid waste Is destined for disposal. Transporters hauling source-separated materials (e.g., tires) for recycling need not register. Storage and Processor Regulations Disposal Restrictions Market Incentives Other Activities Facilities that recycle tires are regulated as a recycling facility through an approval process, rather than as a solid waste facility through a permitting process. Regulations regarding scrap tire processors and storage of scrap tires were adopted November 18, 1991, as part of general solid waste recycling regulations. Guidance regarding on-site management practices is being developed to minimize and control the potential hazards associated with scrap tire stockpiles. Tires must be taken to permitted solid waste facilities or approved tire recycling facilities. Tires qualify for municipal tonnage grant credits. Industries purchasing new recycling equipment may receive a 50% tax credit against their state corporation business taxes. Industries purchasing new recycling equipment may be eligible for low interest loans. NJDEPE is currently drafting a rule to exempt facilities that make artificial reefs from scrap tires from the recycling facility approval process. The state's Department of Transportation completed a demonstration project using tire- derived materials for road construction. Retread passenger tires are being tested on the state's fleet vehicles. Recent Federal legislation designated $1 million from the United States Environmental Protection Agency to be transferred to the New Jersey Department of Environmental Protection and Energy to develop a model program to dean up and recycle scrap tires. It specified that the program's facility is to be located in New Jersey. A special project to locate and characterize major scrap tire piles throughout the state is in progress under the direction of the New Jersey Environmental Prosecutor. Sources: Scrap Tire News Fourth Annual Legislative Update, January 1992; Scrap Tire News Mid-Year Update, Juiy 1992; Scrap Tire News, Swap Tire Managamsnt in ths Stetss, 1832 Legislative and Regulatory Review: 1993 Forecast, January 1993; and information from States. ------- NEW MEXICO State Contact Philip Westen Environment Department Solid Waste Bureau 1190 St. Francis Drive Santa Fe, New Mexico 87502 505-827-2892 Legislation & Regulations A waste tire bill has been drafted by the New Mexico Senate and will be introduced in both houses of the state legislature during the 1993 session. Provisions include: - a $1.25/tire fee on the retail sale of new tires; - a ban on landfilling of whole tires; - approval for shredded tires to be used as landfill cover; and - funds provided to counties to establish tire recycling programs and fund a State Department of Transportation study of road construction and highway maintenance projects incorporating waste tire rubber. Funding Sources Not addressed. Collector, Seller/and Hauler Regulations • No specific regulations. Storage and Processor Regulations No specific regulations. Disposal Restrictions Not addressed. Market Incentives A 5% price preference is provided for products containing recycled content procured by state agencies. Other ActtvfttM Split tires are used to contain landfill cell liners at the City of Albuquerque landfill. Sources: Scrap Tire News Fourth Annual Legislative Update, January 1992; Scrap Tire News Mid-Year Update, July 1992; Scrap Tire News, Scrap Tire Management in the States 1992 Legislative and Ftenulatnrv Rauinur 1QQ3 Fnrn^ast .Innimru 1QQ3- anrt inlnrmntinn «r~n. C«»t.. !»»«••-«»• OMU ------- NEW YORK Stati Contact Legislation & Regulations Funding Sources I Coltaotor. StMw, and l-Uutar Reputations B«n Pfereon Division of Solid Waits Department of Environmental Conservation (DEC) 50 Wolf Road Albany, New York 12233-4015 518457-7337 State Regulations for Solid Waste regulate scrap tire storage and processing facilities. An amendment to Chapter 226 (Section 27-0303) of the Environmental Conservation Law, passed In 1990, designated commercial scrap tires as a regulated waste. Commercial waste tires are defined as waste tires that «r« transported for a fee for the purpose of reuse, recycling, or disposal. DEC Is reviewing scrap tire regulations contained in Part 360 of the Statis Solid Waste Management Act. Revised rules are expected to include surety bond requirements for scrap tire facilities and an allowance for used tires versus waste tires in the regulatory language. These rules are expected to become final by the end of 1993. A Scrap Tire Utilization and Management Act was Introduced in 1992 and will be refiled in 1993. Provisions include: - a $2/tire surcharge on new vehicle tires; - a requirement that the Department of Transportation use rubber modified asphalt concrete in 50% of paving projects; - a requirement that the Department of Environmental Conservation develop regulations for stockpile cleanup .and management; and - a request to the Department of Economic Development to build a state tire recycling program. Restriction on Disposal of Recyclables was introduced in 1992 and will be reintroduced in 1993. The bill would direct DEC to establish regulations to restrict burial or incineration of recyclable materials. Whole tires are one of the recyclable materials identified. A $5/tlre fee for funding various environmental programs, which was included In the Governor's 1992-93 Executive Budget, was defeated. The 1993-94 budget Includes the fee, but the final budget is not complete. Transporters of commercial waste tires must register with the DEC. Storage and Processor Regulations Disposal Restrictions Market Incentives Other Activities Storage requirements cover tire pile dimensions and fire controls. Processor regulations establish standards for tire shredding. Not addressed. The Department of Economic Development administers low- interest loan and grant programs for tire recycling. Sources: Scrap Tire News Fourth Annual Legislative Update, January 1992; Scrap Tire News Mid-Year Update, July 1992; Scrap Tire News, Scrap Tire Management In the States, 1992 Legislative and Regulatory Review: 1993 Forecast, January 1993; and information from States. , , ------- NORTH CAROLINA State Contact Ernest Lawrence Department of Environment, Health, and Natural Resources (DEHNR) Solid Waste Section P.O. Box 27687 Raleigh, North Carolina 27611-7687 919-7334692 Initiation & Regulator* SB 111, passed in 1989, requires each county to provide a place for disposal of scrap tires. Funding Sources • As of January 1,1990, a 1% tax on new tire sales was levied. • Counties are allowed to impose tipping fees for tires if the sales tax fails to generate adequate funding for scrap tire management. Collector, Seller, and Hauler Regulations Scrap tire haulers must register with the Solid Waste Section of the DEHNR and obtain a hauler identification number. Counties must provide a site for tire collection. Collection sites require permit from Solid Waste Section of DEHNR. Storage and Processor Regulations The number of scrap tires stored at a scrap tire collection site must not exceed the stated number of scrap tires shipped off-site per month plus the stated number of scrap tires disposed of on-site per month. At no time can more than 60,000 scrap tires be stored. Disposal Restrictions Tires must be shredded or sliced prior to landfilling. Market Incentives Not addressed. Other Activities North Carolina Department of Transportation is evaluating the use of tires in constructing retaining walls and the use of crumb rubber in asphalt. ^ *»* . 1992 Leg,s,a,,ve and ------- NORTH DAKOTA Collector, S»»tr, and HauJsr H»fluJ»tk>n« Steve Tillotson State Department of Health Division of Waste Management P.O. Box 5520 Bismarck, North Dakota 58502-5520 701-221-5166 Solid Waste Management rules have been adopted and went into effect December 1,1992. The rules address scrap tire storage. A portion of the state's $2/new vehicle sale fee for cleanup of abandoned vehicles may be used to clean up tire piles. Storage and Processor Regulations Tire piles of more than 800 tires must be in compliance with regulations governing pile dimensions, control of access, fire control, and run-on/run-off control systems. • Tire piles of more than 800 tires must have a solid waste management permit. • Tire piles with a base area exceeding 10,000 square feet must comply with liner requirements. Disposal Restrictions Not addressed. Market Incentives ^==s= Not addressed. Source.: Scrap Tire New. Fourth Annual u»M» Update, January 1992; Scrap Tire News Mid-Year Update. Jury 1992; Scrap Tire News, Scrap Tire M«,.g.mem in ih. State,, 1982 UghM* «d Regulatory Review: 1993 Forecast, January 1993; and information from States. ( , ------- OHIO State Contact Natalie Farber Ohio Environmental Protection Agency Division of Solid and Hazardous Waste Management 1800 Watermark Drive P.O. Box 1049 Columbus, Ohio 43266-0149 614-644-3135 Legislation & Regulations • State Solid Waste Law (HB 592) became effective in June 1988. It defines waste tires as a solid waste. • The State Solid Waste Management Plan, adopted in June 1989, addresses scrap tire management. Ohio EPA finalized Draft Rules for Storage of Scrap Tires that became effective August 1991. The Ohio Tire Recycling and Recovery Act (SB 115 and HB 293), originally introduced in 1990, will be reintroduced in 1993. The Act would: - regulate tire storage and disposal, require licensing of scrap tire transporters, collectors, and processors; and - set up a system to track waste tires from collection through disposal. Funding Sources Not addressed. Collector,Seltor, ^Hauler RtguJitfonif: No specific regulations. Storage and Processor Regulations Rules on storage of scrap tires specify pile dimension limits, prohibit open burning near tire piles, and require fire lanes, vector control, and pile covering at tire storage sites. Disposal Restrictions Effective January 1,1993, tires must be cut or shredded prior to disposal in sanitary landfills. Effective January 1,1995. tires will only be accepted at tire monofills (shredded) or at "legitimate" recycling facilities. Market Incentives Not addressed. Other Activities ------- OKLAHOMA Stfltt Contact GI«n Wheat Solid Waste Management Service - 0206 Oklahoma State Department of Health 1000 NE Tenth Street Oklahoma City, Oklahoma 73117-1299 405-271-7159 Laghlatton & Regulations Oklahoma Waste Tire Recycling Act was enacted July 1,1969. 63 OS, Section 11-2324 addresses scrap tire management. Funding Sources A $1/tire surcharge on new tire sales Is In effect Monies from the surcharge are deposited in the Waste Tiro Indemnity Fund to help eliminate stockpiles of tires and to promote recycling by reimbursing facilities that process scrap tires. Cotttctof. Seller, and Hmtof Btg-utaHona • Tire haulers and transporters are not regulated. • Collectors of more than 50 tires must be permitted by State Department of Health. Storage and Processor Regulations A site storing, collecting, or disposing of more than 50 tires must be permitted by the State Department of Health. This does not apply to tire manufacturers, retailers, wholesalers, or retreaders who store 2,500 or fewer used tires. Processors must be permitted by the Oklahoma State Department of Health and must document that at least 25% of the tires processed came from illegal tire dumps identified by the Oklahoma State Department of Health to participate in the state's reimbursement programs. Tires must be cut before being disposed in a landfill. Oklahoma State Department of Health permitted waste tire processing facilities are eligible for reimbursement at a rate of $.50/tire, if they demonstrate that 25% of the tires processed at their facility are from designated illegal tire dumps. Oklahoma State Department of Health permitted waste tire processing facilities are eligible for an additional $.35/tire reimbursement if they demonstrate that their facility is providing pickup and transportation of waste tires from each and every county of the state on a regular basis. Sources: Scrap Tirs News Fourth Annual Legislative Update, January 1992; Scrap Tire News Mid-Year Update, July 1992; Scrap Tire News, Scrap Tire Management in the States, 1992 Legislative and Regulatory Review: 1993 Forecast, January 1993; and information from States. ------- OREGON State Contact Angela Schrock Brad Price Department of Environmental Quality Hazardous and Solid Waste Division 811 SW Sixth Avenue Portland, Oregon 97204 Schrock: 503-229-6912 Price: 503-229-6792 Storage and Processor Regulations A facility that stores more than 99 tires on-site must have a storage site permit, unless they have been granted a beneficial use permit by DEQ. Retreading facilities that have more than 3,000 tires on-site must have a storage permit. Legislation & Regulations HB 2022 Waste Tire Law, passed in 1987 and enacted in January 1988, set up a self-funded comprehensive program for waste tires. The Law regulates the transportation, storage, and landfilling of waste tires. SB 66, passed in 1991, effective July 1, 1991, banned disposal of tires at landfills. 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. Funding Sources A $1/tire disposal tax on the sale of new tires. The monies were used to clean up tire piles. Tire fee ended October 1, 1992. Collector, Seller, and Hauler Regulations Anyone transporting more than 4 tires commercially must be licensed with DEQ. Tire dealers with more than 1,500 scrap tires on-slte must have storage permit. Generators are allowed to haul scrap tires generated at their facility without a permit but they must maintain documentation of their disposal. Disposal Restriction* As of July 1,1991, tires are banned from landfills. Market Incentives The tire disposal tax Is used to promote the use of waste tires by subsidizing markets for waste tires or chips. In January 1990, the Oregon Department of Environmental Quality established a demonstration program allowing a higher subsidy ($.01/lb is the established subsidy) for uses of waste tires that do not yet have an established market in the state. The program includes: - two rubber modified paving projects, approved and completed in 1990; - a project conducted by the Oregon State Highway Division using tire chips as a light fill; - demonstration projects conducted by the Department of Environmental Quality and the Metropolitan Service District to test rubber from waste tires in paving projects using generic specifications for rubber modified asphalt concrete suitable to Oregon's climate and paving practices; - burning tire-derived fuel in two paper mills and one cement kiln; - using Oregon produced tire-derived fuel in three out-of-state cement kilns: Other Activities ------- PENNSYLVANIA Sute Contact UgisJitton & Ragulation* Funding Sources Collector, Seller, and Htuler Regulations Jay Ort Department of Wasts Management P.O. Box 2063 Fulton Building Hwrisburg. Pennsylvania 17105-2063 717-787-7381 Existing tiro regulations were adopted under the Solid Waste Management Act of 1960. Residual waste regulation became effective in 1992. A regulatory change in 1992 redeslgnated tires as a residual waste rather than a municipal solid waste when scrap tires are used as fuel at cement kilns. A $1/tire fee on new tire sales was established In 1992, under the Recycling and Banning Act of 1988. These monies have been redirected to fund mats transit systems In the state. No specific regulations. Storage and Processor Regulations Oftposa! Restrictions Market Incentives Other Activities There Is an interim storage policy for tires. Current requirements include access control, hazard prevention, nuisance control, record-keeping, reporting, and site closure. Isolation distances are required between piles. Limits set on pile size, height and width. Processing facilities that have markets other than landfills for tires or tire-derived materials are permitted-by-rule under the new designation and are not required to have additional solid waste permits. Storage of scrap tires for over one year is considered disposal and issubject to permit requirements, including pile size, fire lanes, and placement. Not addressed. A 5% price preference for state purchase of supplies that meet recycled content requirements. A $1 million Environmental Technology Fund offers low interest loans for recycling research and development projects and for funding new recycling equipment. Pennsylvania Department of Transportation is planning six rubber- modified asphalt paving projects for 1993 in conjunction with the Federal Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) legislation. The state has a year-old policy that suggests the use of whole tires over a landfill cover system to mitigate the problem of tires floating in landfills. Sources: Scrap Tire News Fourth Annual Legislative Update, January 1992; Scrap Tire News Mid-Year Update, July 1992; Scrap Tire News, Scrap Tire Management In the States, 1992 Legislative and Regulatory Review: 1993 Forecast, January 1393; and information from States. ------- RHODE ISLAND State Contact Legislation & Regulations Funding Sources Collator, Seller, and tauter . Regulations Janet Keller Office of Environmental Coordination 83 Park Street Providence, Rhode Island 02903 401-277-3434 Adam Marks Central Landfill 65 Shun Pike Johnson, Rhode Island 02919 401-942-1430 RIGL 37-15.1, "Hard-to-Dispose Material - Control and Recycling* applies to scrap tires. Solid waste management facility regulations apply to tire dumps and regulate size of piles, fire control measures, etc. RIGL 23-63 "Vehicle Tire Storage and Recycling," enacted in 1992, establishes a $5 deposit on each new vehicle tire purchased and provides for a full refund to the consumer upon return of used tires. This deposit system is effective January 1,1993. As of January 1,1990, a $.50/tire tax on new tire sales was imposed. Revenues are deposited in a "Hard-to-Dispose Material Account" along with monies from surcharges on other "hard-to-dispose" wastes included in the bill. The state generates $3 million/year from the fees to fund educational and technical assistance programs for collection, marketing, recycling, reuse, reduction, and safe disposal of "hard-to- dispose materials;" to establish grant and research programs; to survey, track, and monitor hard-to-dispose materials; and to establish regional collection centers for hard-to-dispose materials. Tire recyclers are assessed an initial license fee of $50 and an annual renewal fee of $25. Effective January 1,1993, the Rhode Island Port Authority must establish a tire site remediation account funded by an additional $0.75/tire tax on new tire sales. Ninety percent of the funds in the tire remediation account will be used for the cleanup, recycling, and disposal of existing tire piles; 10% will be used to assist municipalities with collection and proper disposal of waste tires. No specific regulations. Storage and Processor Regulations Disposal Restrictions Market Incentives Other Activities Facilities storing more than 400 tires must obtain a license from the Department of Environmental Management. Tire recycling or recovery businesses must be licensed by the Department of Environmental Management. Disposal of scrap tires is restricted to one of three methods: - facilities operated by the State Solid Waste .Management Corporation; - licensed privately-operated tire storage, recycling, or recovery facilities; or - transport to an out-of-state recycling facility. Burning of scrap tires within the state is banned. Exporting tires for burning as fuel outside the state and within 30 miles of any reservoir watershed for Rhode Island can occur only after the DEM receives written assurance that the burning facility meets all applicable state and Federal pollution control standards. The Hard-to-Dispose Material Account will fund educational and technical assistance programs for collection, marketing, recycling, reuse, reduction, and safe disposal of hard-to-dispose materials, including scrap tires. Sources: Scrap Tire News Fourth Annual Legislative Update, January 1992; Scrap Tire News Mid-Year Update, July 1992; Scrap Tire News, Scrap Tire Management In the States, 1992 Legislative and Regulatory Review: 1993 Forecast, January 1993; and information from States. ------- SOUTH CAROLINA State Contact Current Legislation & Regulation* Funding Sources Collector, Setter, and Htuter Regulations John Ohlandt Charleston County Health Department 334 Calhoun Street Charleston, South Carolina 29401 803-724-5970-W-F or John Ohlandt South Carolina Department of Health and Environmental Control Environmental Quality Control Office 803-740-1590 - M&T South Carolina's Solid Waste Policy and Management Act of 1991 (SB 388 and HB 3096) contains provisions for a $2/tire tax on the sale of new tires that became effective in November 1991: - $.06 of the tax will be retained by the dealers; - $1.50/tire will go to counties, based on the number of vehicles registered in the county, to fund collection, recycling and/or disposal systems; and - $.44 will go Into the Waste Tire Grant Trust Fund. For 3 years after the effective date, these monies must be used exclusively to fund grants to counties or regions to pay for the cost of disposal of accumulated waste tires, after which the monies may be used for research and development of alternatives to the landfilling of tires. The Act establishes a 10-member Waste Tire Committee. The Act requires state and county solid waste plans to include a section on waste tires. Department of Health and Environmental Control (DHEC) is required to establish regulations for permitting/registering collectors, processors, haulers, and disposers of waste tires. These regulations should be promulgated in early 1993. The state Imposes a $1,50/Ure tax on tire purchases. Retailers and wholesalers may be funded $1/tire for each tire delivered to a permitted waste tire disposal facility. Provides for deposit of the remaining $0.50/tlre of the tire fee In a Waste Tire Grant Trust Fund. Prohibits counties from charging additional disposal fees except for oversize and out-of- state tires. Counties tire required to establish waste tire collection sites within 12 months of promulgation of regulations. Storage and Processor Regulations Disposal Restrictions Market Incentives Other Activities The Department of Health and Environmental Control currently has mandatory guidelines for scrap tire storage. Requires owners and operators of waste tire sites to notify the South Carolina Department of Hearth and Environmental Control of the site's location, size, and number of tires accumulated. Bans whole waste tires from disposal at landfills. Not addressed. Sources: Scrap Tirs News Fourth Annual Lagislativa Update, January 1992; Scrap Tire News Mid-Year Update, July 1992; Scrap Tirs News, Scrap Tire Management in ths States, 1992 Legislative and Regulatory Review: 1993 Forecast, January 1993; and information from States. ------- SOUTH DAKOTA Statt Contact Tarry Keller Department of Environment and Natural Resources (DENR) Office of Solid Waste Foss Building 319 South Coteau c/o 523 East Capital Pierre, South Dakota 57501 605-773-3153 Legislation & Regulations Scrap tire law was passed and became effective July 1, 1992. DENR is required to prepare a scrap tire study for the legislature by January 1,1993. The Department will develop regulations based on the study findings. Until new regulations are developed, tires are managed under the state's revised solid waste regulations effective July 1990. Rules were phased in between July 1990 and July 1992. Funding Sources A $0.25/tire per vehicle registration fee (not to exceed $1/vehicle). Fees are remitted to state to develop a grant fund for tire recycling end uses. Burning tires in waste-to-energy units does not qualify for grant funds. Collator, Sf Ita, WKJ Hmitor Regulation* No specific regulations. Storage and Processor Regulations Storage facilities must have a general permit (similar to that required of a solid waste facility). Tire handlers may accumulate up to 100,000 tires annually before removal. Accumulated tires must be removed annually. Disposal Restrictions • Tires must be cut into at least four pieces prior to landfilling. • Open burning of tires is prohibited except in areas with populations less than 5,000. Market Incentives ===== Not addressed. Office of Waste Management and South Dakota DOT are working to develop specifications for asphalt rubber. Sources: Scrap Tire News Fourth Annual Legislative Update, January 1992; Scrap Tire News Mid-Year Update, July 1992; Scrap Tire News, Scrap Tire Management in the States, 1992 Legislative and Regulatory Review; 1993 Forecast, January 1993; and information from States. «B«I«IVO «NU ------- TENNESSEE Stats Contact Legislation & Regulations Funding Sources Coltttctor, Satlsr, and Hauler Bagulationt Don Manning Department of Environment and Conservation Division of Solid Waste Assistance 401 Church Street 14th Floor Nashville, Tennessee 37243-3538 615-532-0076 State Solid Waste Management Planning Act (HB 1252) was passed in 1991. It requires the Department of Environment and Conservation to purchase two mobile shredders and operate them throughout the state to process segregated and temporarily stored tires at landfills, or for the DEC to contract with a shredding service. Several bills relating to scrap tires were Introduced in 1992, but none were passed. Several may be reintroduced in the next legislative session. Fees on waste disposal ($0 B5/tire) and new tiro sales ($1.00/tire) effective October 1991. State of Tennessee collects all fees. Prohibits counties from imposing additional disposal fees or surcharges on tires. By January 1995, each county must establish at least one waste tire collection site. Storage and Processor Regulations Disposal Restrictions Market Incentives Other Activities Not addressed. Effective January 1,1995, whole tires will be banned from disposal in landfills. Not addressed. Under the provisions of the law, the DEC has contracted with a private shredding service to process tires at county collection sites. The program is expected to begin in 1993. The Tennessee Valley is completing a tdf test burn and expects to begin burning the fuel in late 1993. Sources: Scrap Tire News Fourth Annual Legislative Update, January 1992; Scrap Tire News Mid-Year Update, July 1992; Scrap Tire News, Scrap Tire Management in the States, 1992 Legislative and Regulatory Review: 1993 Forecast, January 1993; and information from States. ------- TEXAS State Contact Legislation & Regulation* Funding Sources :- Colltctor, Seltor, and Hauler Regulation* Jennifer Sidnell Mark Mintz Waste Tire Program Texas Water Commission P.O. Box 13087 Capitol Station Austin, Texas 78711 Sidnell: 512-371-6445 Mintz: 512-371-6424 Jefferson Grimes Texas State Department of Transportation Materials and Tests Division 125 East 11th Street Austin Texas 78701 512-463-8662 SB 1516, passed in 1989, addresses scrap tire management. SB 1340, passed in 1991, provides for a scrap tire recycling program and cleanup of old tire dumps. Health and Safety Code, Title S, Subchapter P (V.C.S.) Waste Tire Recycling Program, passed in 1991, establishes the program and regulations on the recycling of scrap tires in the state. Article 66741-1 (Roads, Bridges, and Ferries - Title 116) (V.C.S.), authorizes the government to give bid preference to bidders using rubberized asphalt paving processed by an in-state facility. Article 6016, Section 3.211 (V.C.S.) allows the purchasing commission to give preference to rubberized asphalt paving made from scrap tires by an in-state facility. As of January 1, 1992, a $2 waste tire recycling fee applied to each new tire purchase is collected and deposited in the Waste Tire Recycling Fund to pay for tire dump cleanup and recycling. A Waste Tire Recycling Fund was created to pay for cleaning up tire dumps when the responsible party is unknown or cannot afford the cleanup. Effective April 1, 1992, $0.85/per tire (approximately 18 Ibs. of shredded tires.) will be paid from the Fund to the processors (shredders) who clean up tire dumps and get tires from wholesalers and retailers on a specific percent basis. Haulers must be registered by the state. All scrap tire generators (tire wholesalers, retailers and certain fleet operators) must obtain an identification number. Transporters can charge limited disposal fees on tires they deliver to processors who are receiving reimbursements from the Waste Tire Recycling Fund. Tire dealers who are required to collect waste tire recycling fees may retain 2-1/2 cents from each fee the dealer collects. Tire transporters must be registered with the Texas Water Commission. Storage arid Processor Regulation* Disposal Restrictions X Market Incentives Other Activities ff more than 100 scrap tires are stored at a single site, they must be processed (cut or shredded). If over 500 scrap tires are stored on public or private property, the site must be registered with the state, and have a site identification number. If less than 500 whole tires are stored at a site, the site must have a site Identification number. Processors and shredders (mobile or stationary) must be registered with the Texas Water Commission. All storage sites will be given an identification number. This includes illegal dump sites. Processors who participate in the tire dump cleanup program have to pick up tires from wholesalers and retailers at no charge to them, For reimbursement, processors must remove 25% of the tires they shred from sites on the Priority Enforcement List. All tires must be split, quartered, or shredded before disposal. Processors who participate in the Waste Tire Recycling Fund program to cleanup tire dumps must not dispose of the shredded tires in a landfill but must take them to a recycling, reuse or energy recovery facility. The Texas Water Commission will maintain a Priority Enforcement List for the tire dumps in the state. A 15% price preference for the use of rubber in state funded asphalt paving projects. Revising application and annual report forms for transporters, processors, and storage sites. Establishing work group with local, county, and state government representatives to develop individualized management plans for scrap tire piles. Sources: Scrap Tire News Fourth Annual Legislative Update, January 1992; Scrap Tire News Mid-Year Update, July 1992; Scrap Tire News, Scrap Tire Management in the States, 1992 Legislative and Regulatory Review: 1993 Forecast, January 1993; and information from States. ------- UTAH State Contact Legislation & Regulation* Funding Sources Collector, Selltr, and Hauler Regulation* Dorothy Adams Salt Lake City County Health Department Sanitation and Safety Bureau 610 South 200 East Salt Lake City, Utah 84111 801-534-4523 SB 5. passed in May 1990, established a per tire graduated tax. Local health departments have authority over the management of waste tires. Two new waste tire bills that would amend the 1990 Waste Tiro Bill have been introduced before the 1993 Legislative session. The main difference between the two bills is the amount of reimbursement from the waste tire fund for which recyclers would be eligible. As of July 1,1990, there Is a per tire graduated tax on all tire sales Including new car sales. Monies will be deposited in a recycling fund. Tax Includes: - $1/tiro up to 14 inches in diameter; - $1.50/tire 15 to 19 inches; or - $2/tire 19 to 26 inches. All haulers and collectors must keep records illustrating how many tires are picked up, how many tires are disposed of and where. Licenses can be suspended if companies are not in compliance. All haulers and collectors must be licensed. Salt Lake City regulates scrap tire collection through a manifest system. Storage and Processor Regulations Disposal Restrictions Market Incentives Other Activities All storage and processing facilities have to be licensed through Health Department. Facilities storing more than 1,000 tires are required to furnish bonds, comply with local zoning and fire ordinances, and are strictly limited as to how many tires can be stored at any one time. The Health Department enforces a manifest system to regulate tire collection. Not addressed. Recyclers (end users) can receive up to $20/ton for the use of tire-derived materials in manufactured products and in TDF. The end user incentive is administered through local health departments. Sources: Scrap Tire News Fourth Annual Legislative Update, January 1992; Scrap Tire News Mid-Year Update, July 1992; Scrap Tire News, Scrap Tire Management in the States, 1992 Legislative and Regulatory Review: 1993 Forecast, January 1993; and information from States. ------- VERMONT State Contact legislation & Regulation* Funding Sources Collector, Seller, «nd Hauler Regulation* Eldon Morrison Agency of Natural Resources Department of Environmental Conservation Solid Waste Management Division 103 South Main Street Laundry Building Waterbury, Vermont 05671-0407 802-244-7831 Act 286, passed in June 1990, addresses scrap tire management. The State Solid Waste Management Program, published In 1989, requires the state to develop and propose a disposal/deposit charge on tires at a rate high enough to encourage the return of tires to dealers and to fund scrap tire management programs. The program also recommends that the state investigate the feasibility of a mobile tire shredding operation and the potential for using rubber asphalt on state roads. Loans are available to businesses for processing, converting, and manufacturing. No specific regulations. Storage and Processor Regulations Disposal Restrictions Market Incentives Other Activities No specific regulations. As of January 1,1992, all tires are banned from disposal in landfills. Landfills will be allowed to continue accepting tires if the facility functions as a tire recycling facility or a transfer station. A 5% price preference is authorized for products containing recycled materials. A higher price preference is allowed if state entities that will use the product agree on the higher price. Market development grants are provided to the private sector for the development of new products that may stimulate in-state demand for recyclable materials. The Agency of Transportation has used tire chips in one project for slope stabilization and has done some experimental work using asphalt rubber surface treatment. Tires have also been allowed to be used for riverbank and slope stabilization work in several areas, but only above low water level elevations and where environmental concerns are minimal. A study was Commissioned entitled "A Report on the Use of Shredded Scrap Tires in On-Site Sewage Disposal Systems.* Effective in 1992, the state approved the use of tire chips in place of crushed stone In septic systems that have a pre- approved design that includes a monitoring system. The state will approve the use of whole tires for retaining walls on a case-by-case basis. Sources: Scrap Tire News Fourth Annual Legislative Update, January 1992; Scrap Tire News Mid-Year Update, July 1992; Scrap Tire News, Scrap Tire Management in the States, 1992 Legislative and Regulatory Review: 1993 Forecast, January 1993; and information from States. ------- VIRGINIA State Contact UgMttion & Regulation* Funding Sources Collector, Seller, and HtuJtr Rjgutotiona Man La*siter Department of Waste Management Division of Litter Control and Recycling 101 North 14th Street James Monroe Building, 11th Boor Richmond, Virginia 23219 804-371-0044 The Waste Tire Act was passed In 1969. legislation directed the Department of Waste Management to create a Used Tire Management Advisory Committee to make recommendations on scrap tire management. Demonttratkm of the state's overall Scrap Tire Management Ran began In 1992. Components of the plan are Increased enforcement, assistance to local governments, and the market assistance demonstration. As of January 1.1990, a $.50/t!re disposal fee Is Imposed on new tire sales. The money Is deposited in a Waste Tire Fund. The tax sunsets on December 31,1994. No specific regulations. Storaae and Processor Regulations Disposal Restrictions Market Incentives Other Activities •' Tire piles at recycling sites may not exceed 1,000 tires without a permit. As of July 1,1992, whole tires are banned from landfills. The Waste Tire Act established a 10% tax credit for recycling equipment. Retreading equipment is eligible; tdf is not. In January 1993, Virginia will begin demonstrating market assistance methods in various parts of the state. The Advisory Committee and Department of Waste Management are developing a management program including a state subsidized test burn of tire-derived fuel combined with coal, and a network of tire collection centers. The state has also subsidized a test burn of whole tires at a cement kiln. The state expects to establish two state funded collection centers by the end of 1992. A Stockpile Action Plan has been developed to address the management of 400 piles containing on estimated 25 to 50 million tires. Sources: Scrap Tire News Fourth Annual Legisiative Update, January 1392; Scrap Tire News Mid-Year Update, July 1992; Scrap Tire Nsws, Scrap Tire Management In the States, 1992 Legislative and Regulatory Review: 1993 Forecast, January 1993; and information from States. ------- WASHINGTON State Contact Currant Legislation & Regulations Funding Sources Collector, Seller, and Hauler Regulations Dale Clark Department of Ecology (DOE) Waste Reduction, Recycling and Utter Control Program Mail Stop PV-11 CHympia. Washington 98504-8711 206-459-6258 HB 1671, the "Waste Not Washington" Act passed in July of 1989, provides for funding of tire programs. Washington Advisory Code 173-304-420 addresses storage of scrap tires. A $1/tire fee on the retail sale of new tires for five years was established. The funds may be used for: - grants to local governments for removal of tire piles and enforcement; - information and education; - marketing studies; - contracts by the state. Approximately $3 million per year is collected through the fee. Haulers must pay a $250/year license fee and must document delivery of scrap tires under provisions of the current scrap tire law. Storage and Processor Regulations Disposal Restrictions Market Incentives Other Activities A permit from the local jurisdiction is necessary for tire piles of more than 800 tires. Storage yard owners must develop site plans with local fire departments for fire control. Storage yard owners must comply with size and enclosure requirements. Site owners must document delivery of scrap tires. The state's new combustor rules limit the number of tons of solid waste that can be burned In incinerators or industrial boilers that are not solid waste combustion facilities to 12 tons/day. These rules apply to tire fuels and equal SO tires/hour. The State can issue grants to local governments for enforcement or dean-up of tire piles. A Waste Tire Advisory Committee was formed to implement the Waste Not Washington Act and to help formulate policy. The DOE Is ranking tire piles across the state, bused on environmental health and safety factors, and developing a list of qualified contractors to removu and manage the tires: The Clean Washington Center is providing technical support for the design and development of new mixing equipment for asphaH-rubber applications and to rubber products manufacturers to develop purchase specifications for recycled rubber products. The Clean Washington Center Is working With DOE and Pierce County officials to develop Innovative strategies for the clean- up of a large tire pile. The Clean Washington Center is providing cooperative support to DOE and the State Highway Administration Research Program in evaluating the performance of different types of rubberized asphalt pavements compared t; conventional asphalt. Sources: Scrap Tire News Fourth Annual Legislative Update, January 1992; Scrap Tire News Mid-Year Update, July 1992; Scrap Tire News, Scrap Tire Management In the States, 1992 Legislative and Regulatory Review: 1993 Forecast, January 1993; and information from States. ------- WEST VIRGINIA State Contact Paul Benodun Division of Natural Resources Solid Waste Management 1356 Hansford Street Charleston, Wast Virginia 25301 304-558-6350 LegMatton & Regulation* -.--i ' - ^"» October 1991 Sp«daJ Section. SB 18 • Chapter 20, Artldo 11, Section 8. effective June 1,1993 bans th« disposal of waste tires in landfills, kiclntratton of solid waste, including tires, Is prohibited until May 1,1993 except for "pilot" projects. Not addressed. CoKector, Settw, and Htutar Regulation* .—--.au , || ^.ujj-a-j^y-J-i. 'jfj, -,;"•!"• " ' i —J^_.mm Reg«lat»d by Wttt Virginia PubMc S«rvk» Haultra must be permitted. Storage and Processor Regulations No more than 1,000 tires can b« stored unless a facility Is permitted. Stationary processing facilities must be permitted. Mobile shredders are not required to have a permit. Storage at processing facilities Is limited to are piles of whole tires, and no more than 9 piles of shredded tires, each pile measuring no more than 200 feet by 50 feet by 15 feet. Tires must be split/cut or shredded prior to landfilling. Shreds must then be dispersed In the workface of the fill with other wastes. Alternate burial plans for non-cut or whole tires will be approved If the plan assures that the tires will stay burled. Effective June 1,1993 bans the disposal of waste tires in landfills. Incineration of solid waste, including tires, Is prohibited until May 1, 1993 except for "pilot" projects. Not addressed. • Shredded Urea may be used as landfill dally cover or In the landfill liner as a (eachate drainage. Sources: Scrap Tire News Fourth Annual Legislative Update. January 1992; Scrap Tire News Mid-Year Update, July 1332; Scrap Tl. N-* Scrap Tire Management In the States, 1992 U***. «d Regulatory Review: 1993 Forecast, January 1993; and information from Slates, ------- WISCONSIN State Contact Legislation & Regulation* Funding Sources Collector, Seller, and Hauler Regulations Paul Koziar Department of Natural Resources Bureau of Solid and Hazardous Waste Management P.O. Box 7921 Madison, Wisconsin 53707 608-267-9388 Dennis Pippin Southern District Headquarters 3911 Rsh Hatchery Road Fitchburg, Wisconsin 53711 608-275-3331 AB 481, passed in 1987, established a tire fee. Act 355, passed in 1990, addresses scrap tire recycling programs and landfill bans. Since May 1,1988, there is a $2/tiro fee on new vehicle titles. The fee generates approximately $3 million annually. Funds are deposited in the Waste Tire Reimbursement Grant Program. • All waste collectors, transporters, storage and processing facilities must be licensed. Storage and Processor Regulation* Disposal Restrictions Market Incentives Other Activities AII waste collectors, transporters, storage and processing facilities must be licensed. Proof of financial responsibility for stored tires. • Effective January 1,1995, tires must be cut before being disposed of in landfills. The Waste Tire Reimbursement Grant Program Is designed to financially assist the cost of developing or operating certain types of waste tire reuse, and provides eligible companies with a $20/ton (or $.01/lb) reimbursement for use of waste tire material for energy recovery, construction or in the manufacture of products. $750,000 set aside annually. The State's Waste Tire Management or Recovery Grant Program is intended to research new uses and expand existing uses of scrap tires. It has funded the following projects: - air emission testing to evaluate air emissions resulting from the combustion of waste tires with coal and wood waste; - testing fly ash and bottom ash resulting from combustion of waste tires and wood; - environmental assessment of air emissions for the proposed waste tire medical waste incinerator; - testing combustion technology; - investigating fuel feed system designs to accommodate combustion of waste tire material in fluidized bed boilers; • testing the development of various rubber products, such as bed liners for pick-up trucks; - testing leaching characteristics of shredded waste tires; • constructing roads using rubberized asphalt; and - develop pilot waste storage facility. The state's waste tire cleanup program Is intended to clean up nuisance waste tire stockpiles: - $2 million set aside annually to dean up 2 million tires p«r year; and • cost recovery from responsible parties. Sources: Scrap Tire News Fourth Annual Legislative Update, January 1992; Scrap Tire News Mid-Year Update, July 1992; Scrap Tire News, Scrap Tire Management In the States, 1992 Legislative and Regulatory Review: 1993 Forecast, January 1993; and information from States. ------- WYOMING State Contact LegWitlon & Rtgulatfon* Funding Sources Collector, SeVtr, and Bfcutw RegwtalSorts Timothy Unk Department of Environmental Quality Solid Waste Management Program 122 West 25th Street Herschler Building, 4th floor Cheyenne, Wyoming 82002 307-777-7752 H6 213, passed In 1969, amends the Solid Waste Management Act for sottd waste storage and treatment facilities. It established bonding and location requirements and a permitting system for solid waste facilities, and limits the accumulation of waste, Including tires, prior to disposal. Not addressed. Levels are set for the number of tire* that can be stored at retail storet, collection centers, and landfills without obtaining a permit. Storage and Processor Regulations - I.' - I ~~~ Levels are set for the number of tires that can be stored at retail stores, collection centers, and landfills without obtaining a permit. Landfills must have a permit to store more than 5,000 whole tires. Regulations establish bonding and location requirements and a permitting system for solid waste facilities. (Tires are defined as a solid waste.) Disposal Restrictions Not addressed. Market Incentives Not addressed. Other Activities Sources: Scrap Tire News Fourth Annual Legislative Update, January 1992; Scrap Tir* News Mid-Year Update, July 1992; Scrap Tire News, Scrap Tire Management In the States, 1992 Legislative and Regulatory Review: 1993 Forecast, January 1993; and information from States. ------- |