Scrap Tire Collection Centers and End-User Registration

PURPOSE: This rule contains the requirements for scrap tire collection centers and end-user registration. PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here. (1) Definitions. Definitions for key words used in this rule may be found in section 260.200, RSMo. Additional definitions specific to this rule are as follows: (A) A scrap tire collection center is a site where scrap tires are collected prior to being offered for recycling or processing and where fewer than five hundred (500) scrap tires are kept on-site at any time. (B) A scrap tire is a tire that is no longer suitable for its original intended purpose because of wear, damage or defect. 1. A tire no longer suitable for its original intended purpose due to wear is a tire with exposed cord or tread depth less than two thirty-seconds of an inch (2/32") when measured in any major groove. 2. Any tire that is discarded with the intent of final disposal is also a scrap tire. 3. A cut tire, for the purposes of disposal in a permitted solid waste disposal area, is a scrap tire cut in half circumferentially; sidewalls removed from tread; or cut into at least three (3) parts with no part being larger than approximately one-third (1/3) of the original tire’s size. 4. A shredded or chipped tire, for the purposes of disposal in a permitted solid waste disposal area, is a scrap tire that has been reduced to parts no larger than that defined in the definition of a cut tire. (C) A passenger tire equivalent (PTE), for the purposes of calculating the amount of tires, equals twenty (20) pounds. (D) A scrap tire that has been reduced to parts no larger than one-half inch (1/2") nominal is not a scrap tire. (2) General Requirements. Scrap tire collection centers shall— (A) Be used only for the proper and temporary storage of scrap tires to be removed for recovery or processing or for temporary storage at a permitted scrap tire processing facility or for permanent disposal at a permitted solid waste disposal area; (B) Be in compliance with the requirements of the department’s Clean Water Law, Chapter 644, RSMo, and implementing regulations; and (C) As a tire retailer or other business that generates scrap tires, use a scrap tire hauler permitted by the state of Missouri, except that businesses may haul such scrap tires without a permit, if such hauling is performed without any consideration (monetary or non-monetary compensation) and such business maintains records on the scrap tires hauled as required by section (5) of this rule. (3) Applicability. (A) Exemptions. The following are not regulated as scrap tire collection centers provided that pollution, a public nuisance, or a health hazard is not created and provided the tires are stored according to the requirements of section (4) of this rule: 1. A person collecting or storing less than twenty-five (25) scrap tires at any time; 2. Warranty tires or new defective tires stored by tire retailers and wholesalers prior to transit to the wholesaler or manufacturer for adjustment credit or return; 3. Tires that are to be reused without further processing as vehicle tires (reused for the original intended purpose) that are separated from scrap tires within thirty (30) days of receipt at a scrap tire collection center, provided these tires are stored in compliance with the requirements of section (4) of this rule and are not stored outside for more than one (1) year; 4. Any new-tire retailer or new-tire wholesaler may hold more than five hundred (500) scrap tires for a period not to exceed thirty (30) days if such tires are stored according to requirements in section (4) of this rule; 5. Any person licensed as an auto dismantler and salvage dealer under Chapter 301, RSMo may store up to five hundred (500) scrap tires that have been cut, chipped or shredded, if such tires are only from vehicles acquired by him/her. Auto dismantlers and salvage dealers must arrange for the proper disposal of the scrap tires to take place within thirty (30) days and keep appropriate documentation of the disposal arrangements which shall be made available to the department upon request. In no case shall more than five hundred (500) scrap tires be stored for more than thirty (30) days unless the auto dismantler and salvage dealer is permitted as a scrap tire processor; 6. Retreadable tire casings held in inventory by tire retreaders for retreading that are stored separately from other scrap tires, provided these tires are stored in compliance with section (4) of this rule and provided they are not stored outside for more than one (1) year; or 7. Tires stored in conjunction with a department-approved or nonprofit cleanup if the scrap tires are stored for a period not to exceed thirty (30) days are exempt from this rule. (B) Underground storage of scrap tires requires a permit as a solid waste disposal area and compliance with the requirements of 10 CSR 80. (4) Storage Requirements. (A) Fire Protection. A scrap tire collection center shall comply with the fire protection requirements of this subsection. 1. The owner or operator of a scrap tire collection center shall provide written evidence from the local fire protection agency that indoor or outdoor storage of whole or processed scrap tires complies with the currently applicable local or state fire protection standards, or store scrap tires at least forty feet (40') from buildings and property lines where practical. (B) Vector Control. Conditions shall be maintained that are unfavorable for the harboring, feeding, and breeding of vectors. If the method being used to control vectors is not effective, the owner/operator of the scrap tire collection center shall use an alternate method to correct the vector problem. (5) Record Keeping Requirements (A) The owner/operator of a scrap tire collection center shall maintain records, on forms provided by or approved by the department for at least three (3) years. The period of record retention extends upon the written request of the department or automatically during the course of any unresolved enforcement action regarding the regulated activity. The records shall be made available for inspection by the department or its designated representative upon request. Scrap tire collection centers shall also maintain records of vector control activities. (B) The owner/operator of a scrap tire enduse facility shall maintain records pursuant to section 260.270.3(5), RSMo. AUTHORITY: sections 260.225 and 260.270, RSMo 2016.* Original rule filed Jan. 3, 1991, effective July 8, 1991. Amended: Filed March 17, 1992.** Emergency rescission of the 1992 amendment filed March 19, 1997, effective April 1, 1997, expired Sept. 27, 1997. Rescission of the 1992 amendment filed April 3, 1997, effective Aug. 30, 1997. Amended: Filed April 16, 1997, effective Dec. 30, 1997. Amended Filed Jan. 2, 2007, effective Sept. 30, 2007. Amended: Filed June 7, 2018, effective Feb. 28, 2019. *Original authority: 260.225, RSMo 1972, amended 1975, 1986, 1988, 1990, 1993, 1995 and 260.270, RSMo 1990, amended 1995, 2002, 2005. **Missouri Supreme Court in Missouri Coalition for the Environment, et al., v. Joint Committee on Administrative Rules, et al., Case No. 78628, dated February 25, 1997, ordered the secretary of state to publish this amendment. The Missouri Department of Natural Resources subsequently filed an emergency rescission of this amendment as well as a proposed rescission of this amendment which became effective August 30, 1997. See the above authority section for filing dates.