The TCEQ oversees the collection, processing and recycling or
disposal of over 19 million tires discarded each year in Texas.
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Proper Scrap-Tire Management
Scrap tires must be managed to prevent fires and control disease
vectors (mosquitoes, rats, and snakes). Anyone who stores more than
500 scrap tires must register with the TCEQ; however, the
scrap-tire rules apply to all generators and handlers, regardless
of whether they are registered. Good reusable tires are not
considered to be scrap tires if they are stacked, sorted,
classified, and arranged in an organized manner for sale. Good used
tires that are stored in stockpiles are scrap tires. Scrap tires
must be hauled by a registered transporter to an authorized
facility, either a permitted landfill or a scrap-tire facility. All
such facilities must keep manifest records showing the disposition
of scrap tires.
Manifest
The manifest is simply a cradle-to-grave record of the
disposition of each load of scrap tires removed from a generator
site. The generator and every facility handling the tires must keep
a copy of the manifest for each load. The generator completes and
signs the first section of the manifest showing how many tires were
picked up. The transporter signs the manifest and leaves a copy
with the generator. When the tires are delivered to a permitted
landfill or an authorized scrap-tire facility, the final sections
of the manifest are completed, showing how many tires were disposed
of at the facility.
The completed manifest must be returned to the generator within
60 days after the scrap tires were transported off-site. The
generator should notify the regional office of any transporter or
authorized scrap-tire facility that fails to complete the manifest,
alters the generator portion of the manifest, or does not return
the manifest within three months after the off-site transportation.
Originals of manifests, work orders, invoices, and any other
documentation must be retained by all facilities for three years.
All such records must be made available to the executive director
upon request.
The TCEQ does not supply the multi-part manifest forms. A copy
of the manifest form
(TCEQ-10304) (PDF) can be downloaded and reprinted. It is
permissible to keep similar documentation or an alternate record if
approved by the TCEQ. Some companies have designed, and obtained
TCEQ approval of, manifests that include the information required
by the rules, as well as billing information.
Registrations
The TCEQ registers scrap-tire
See
Application for Scrap Tire Management Registration ,
(TCEQ-10297)and
instructions (TCEQ-10298) (PDF).
Most tire generators are
not required to register, but must follow rules for storage and
record keeping. All facilities must keep records of scrap-tire
management using a manifest system. Transporters, scrap-tire
facilities, and storage sites must file annual reports. Facilities
are periodically inspected by investigators in the regional
offices. The TCEQ and local officials cooperate to enforce against
illegal dumping (see Landfills below)
and encourage recycling projects. Local governments may adopt rules
that are more stringent than the state rules.
Generators
Generators are tire dealers, junkyards, fleet operators, and others
who generate scrap tires. Generators may not store more than 500
scrap tires on the ground. Generators who register with the TCEQ
may store up to 2,000 tires in a trailer. A state sales-tax
identification number is required for registration. The state
comptroller answers tax questions at 800-252-5555.
Generators must:
- Monitor tires stored outside for vectors at least once every
two weeks.
- Stack, sort, classify, and arrange good used tires in an
organized manner for sale.
- Document the removal of all scrap tires using manifests, work
orders, invoices, or other records.
- Allow only registered scrap-tire transporters to remove their
scrap tires.
- Ensure that the transporter who collects the tires delivers
them to an authorized facility.
- Still comply with all manifesting requirements if transporting
their own scrap tires without registration.
No state fees are required for scrap-tire management. Generators
may charge customers any amount for disposal, or may include the
cost in the price of the tires purchased. Fees for removal are
negotiated between generators and transporters.
Transporters
Transporters must register with the TCEQ if they collect scrap
tires from another business. A signed registration application must
be submitted to the TCEQ before a transporter begins collecting
tires. There are no application fees or annual fees. Exemptions
from registration include generators hauling their own tires,
on-site sewage facility installers hauling shreds, vehicles
collecting municipal solid waste, local-government vehicles, and
retreaders.
Vehicles used for transporting scrap tires, including trailers,
must be operated safely and marked on both sides and the rear using
numbers and letters at least two inches tall. The identification
shall include the name and location of the business and the TCEQ
registration number.
Transporters maintain records using a manifest system, and must
notify the generator of any changes to a manifest. Transporters are
required to submit an annual report of the manifest information to
the TCEQ. The annual report
(TCEQ-10311) (PDF) lists the number of tires collected from
each generator and the number delivered to each authorized
facility.
Transporters may not stockpile more than 500 scrap tires. Tires
must be hauled to an authorized facility such as a permitted
landfill or a registered scrap-tire facility. Disposal fees are
negotiated between transporters and authorized facilities.
Scrap-Tire Facilities and Storage Sites
Scrap-tire facilities are processing operations that shred,
bale, recycle, or recover energy from scrap tires. Scrap-tire
facilities must complete a signed application to register with the
TCEQ and submit an annual report. Scrap-tire facilities that store
more than 500 tires must also register as a storage site.
Storage sites are facilities that store more than 500
whole scrap tires or shredded tire pieces. Storage sites must be
registered and are subject to design requirements to ensure safety
and financial assurance for closure costs. For more information,
view the Financial-Assurance
Worksheet (TCEQ-10301) (PDF). Applications for
storage-site registration must be sealed by a registered
professional engineer. Detailed information about storage
limitations and record keeping for storage sites is listed on the
registration-application checklist.
See Scrap-Tire Facility and Storage
Site Combined Activity Reports (TCEQ-10305) (PDF).
Transportation Facilities
Transportation facilities are marine terminals, rail yards, or
trucking facilities that store more than 500 scrap tires or
equivalent scrap tire pieces for more than 30 days. Transportation
facilities must register by submitting a complete application, but
are not required to submit an annual report.
Land Reclamation Projects Using Tires
LRPUTs are projects to fill, rehabilitate, improve, or restore
already excavated, deteriorated, or disturbed land, using no more
than 50 percent by volume of tire pieces along with inert fill
materials, to restore the land to its approximate natural grade and
to prepare or reclaim the land for reuse. All tires used to fill
land must be split, quartered, or shredded. Whole tires cannot be
placed belowground. Completed projects must be covered with 18
inches of clean soil. The operator and property owner must file an
affidavit
(TCEQ-10299) (PDF) with the application certifying that the hole
existed before the project, was excavated for another purpose, and
was not excavated for the burial of tire pieces. Additional
registrations may be required for hauling, cutting, or storing
tires for the project.
A notification
application (TCEQ-10300) (PDF) must be sealed by a registered
professional engineer and may be approved by the TCEQ if design
requirements are met and public and local government notification
requirements are satisfied. Detailed information about requirements
for land-reclamation projects is listed on the
registration-application checklist.
For more information see
Instructions and Sample Public Notices for Scrap Tire Management
Registration and LRPUT Notification Applications (TCEQ-10298)
(PDF).
Landfills
Landfills are solid waste disposal facilities that are permitted by
the TCEQ. Only split, quartered, or shredded tires may be disposed
of in a landfill. Any permitted municipal solid waste landfill site
may store or process whole tires or tire pieces. Storage or
processing activities must be specified in a landfill’s permit
and scrap-tire-management registration is required.
