I
103D CONGRESS
1ST SESSION
H. R. 1810
To amend the Solid Waste Disposal Act to require producers and importers
of tires to recycle a certain percentage of scrap tires each year, to
require the Administrator of the Environmental Protection Agency to
establish a recycling credit system for carrying out such recycling require-
ment, to establish a management and tracking system for such tires,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 22, 1993
Mr. TORRES introduced the following bill; which was referred to the
Committee on Energy and Commerce
A BILL
To amend the Solid Waste Disposal Act to require producers
and importers of tires to recycle a certain percentage
of scrap tires each year, to require the Administrator
of the Environmental Protection Agency to establish a
recycling credit system for carrying out such recycling
requirement, to establish a management and tracking
system for such tires, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Tire Recycling Incen-
tives Act’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The generation of solid and hazardous
waste has grown to alarming proportions in the
United States, with per capita disposal having in-
creased by 80 percent from 1960 to 1989. Each per-
son in the United States throws away 3.6 pounds of
garbage every day—enough annually to fill a convoy
of 10-ton garbage trucks 145,000 miles long, which
is the equivalent of half-way to the moon or roughly
7 times around the Equator.
(2) Frequently, economic incentives are not suf-
ficient to encourage waste minimization and respon-
sible environmental behavior, and such incentives ac-
tually may favor increased waste generation and im-
proper behavior.
(3) A system of economic incentives targeted at
waste reduction and recycling together with respon-
sible regulation of recycling activity can reduce both
the amount and toxicity of materials entering the
environment.
(4) The Administrator of the Environmental
Protection Agency requires additional statutory au-
thority to establish appropriate management and re-
cycling requirements and to address situations in
which economic incentives to encourage waste reduc-
tion and responsible environmental behavior are not
adequate.
(5) There is a need to encourage greater recy-
cling of scrap tires. Americans generate more than
250 million scrap tires annually. Such scrap tires,
piled one on top of another, would be 98,000 Empire
State Buildings. Less than 30 percent of the cur-
rently generated scrap tires are recycled. Currently,
21⁄2 to 3 billion scrap tires are stockpiled across
America and these scrap tire dumps grow larger
every year. Such stockpiling is, itself, a potential
health concern.
(6) While wornout tire casings currently rep-
resent only 1.2 percent of the solid waste stream,
scrap tires present a special disposal/reuse challenge
because of their size, shape, and physical/chemical
nature.
(7) Scrap tires, when disposed of whole in a
landfill, have a unique tendency to rise back to the
surface, thus disrupting the landfill cap and allowing
water to infiltrate the landfill.
(8) Of the more than 250 million scrap tires
generated in the United States every year, 84.5 per-
cent are landfilled, stockpiled, or illegally dumped.
(9) The whole scrap tires which are stockpiled
represent not only a waste of resources but also a
health hazard because they serve as an ideal breed-
ing ground for mosquitoes. According to the Envi-
ronmental Protection Agency, mosquito borne dis-
eases, like encephalitis and yellow fever, as a result
of stockpiled tires, cost an estimated $5,400,000 a
year.
(10) Further, fire hazards as a result of tire
stockpiles are both severe and wide-ranging. Such
scrap tire fires frequently result in air, surface, and
ground water pollution. The major problem of a
scrap tire fire hazard is the difficulty in extinguish-
ing the fire due to the fact that 75 percent of tire
space is void. This void space makes it difficult to
put out fires or quench the oxygen supply.
(11) In addition to the difficulty in putting tire
fires out, such fires represent a potential health and
environmental risk in the form of both liquid and
gaseous emissions from the tires. Burning tires emit
solvents and poly-nucleic aeromatic hydrocarbons
(PAHs)—many of which are carcinogenic. The tires
also melt while burning, releasing both sooty smoke
and oily liquids. The water used to extinguish the
fire mobilizes these chemicals into the surface and
ground water.
(12) Estimated direct annual expenditures for
extinguishing tire fires are greater than $2,000,000.
One tire fire alone, in Winchester, Virginia, required
more than $5,000,000 for control and containment.
These estimates say nothing of the environmental
damage that must ultimately be paid for.
(13) The best way of eliminating the environ-
mental and health hazards associated with tire piles
is to minimize and ultimately eliminate the stock-
piling of tires.
(14) While adequate technology exists to signifi-
cantly reduce tire stockpiles, scrap tires are
underutilized because of adverse economics. It is
simply cheaper to throw them away than to recycle.
Until economic forces are reversed, tire stockpiling
will be the option of choice. Producers and importers
of tires are responsible for introduction of such tires
into commerce and therefore need to assure that
such tires are ultimately managed in a responsible
fashion.
SEC. 3. REQUIREMENTS TO RECYCLE SCRAP TIRES.
(a) IN GENERAL.—(1) Subtitle D of the Solid Waste
Disposal Act (42 U.S.C. 6921 et seq.) is amended by add-
ing at the end the following new sections:
‘‘SEC. 4011. RECYCLING REQUIREMENTS FOR SCRAP TIRES.
‘‘(a) GENERAL REQUIREMENT.—(1) During the pe-
riod beginning not later than 24 months after the date
of the enactment of the Tire Recycling Incentives Act and
ending 10 years after such date, a producer or importer
of tires each year shall recycle, using a method described
in paragraph (2), an amount of scrap tires equal to at
least that amount of tires determined by—
‘‘(A) multiplying the tires produced for domes-
tic use or consumption or imported that year by
such person, by
‘‘(B) the recycling percentage established by the
Administrator under subsection (b).
‘‘(2) A producer or importer of tires may comply with
this subsection by either or both of the following methods:
‘‘(A) By recycling scrap tires in compliance
with the requirements of section 4012 and regula-
tions promulgated pursuant to such section through
reintroducing the recovered rubber into a manufac-
turing process for purposes of producing new tires
or by retreading old tire casings.
‘‘(B) By purchasing recycling credits under the
recycling
credit
system
established
pursuant
to
subsection (c).
‘‘(3) A producer or importer of tires shall submit to
the Administrator, under regulations promulgated by the
Administrator, a report on the amount of tires produced
or imported in each calendar year by such person. The
report shall be submitted at least once a year, but the Ad-
ministrator also may require such interim reports under
this paragraph as he considers necessary.
‘‘(b) RECYCLING PERCENTAGE.—The Administrator
each year shall establish a recycling percentage for use
under subsection (a). The percentage applicable during
the first year that the requirement established by sub-
section (a) is in effect shall be a percentage that is 5 per-
centage points higher than the recycling rate for tires that
exists on the date of the enactment of the Tire Recycling
Incentives Act. Such recycling rate shall be determined by
using data for 1992 or the most recent year for which
data are available. For each of the 10 years thereafter,
the recycling percentage shall be an additional 5 percent-
age points higher than the percentage of the previous year.
Such recycling percentage shall go into effect automati-
cally and shall be published in the Federal Register.
‘‘(c) CREDIT
SYSTEM
FOR
RECYCLING
SCRAP
TIRES.—(1) Not later than 18 months after the date of
the enactment of the Tire Recycling Incentives Act, the
Administrator shall promulgate regulations to establish a
system under which (A) recyclers may create credits for
scrap tire recycling, and (B) producers or importers of
tires may purchase such recycling credits from such recy-
clers, for purposes of complying with subsection (a). No
person may create such credits, and no producer or im-
porter of tires may purchase such credits, except in ac-
cordance with this subsection and the regulations promul-
gated under this subsection. In developing the regulations,
the Administrator shall, to the maximum extent feasible,
allow for the use of records kept in the ordinary course
of business or other approaches that facilitate the simple,
rapid generation and exchange of credits without a case-
by-case approval.
‘‘(2) At a minimum, the regulations under paragraph
(1) shall include each of the following requirements:
‘‘(A) The owner or operator of any tire sale and
installation facility or any scrap tire collection facil-
ity shall keep receipts issued by any transporters
who take delivery of the scrap tires. The receipts
shall be kept for at least 3 years and shall show the
date, the quantity of scrap tires taken, and the
transporter’s identification number. The owner or
operator shall show such receipts to the Adminis-
trator or to any State enforcing this section and sec-
tion 4012 upon demand. The owner or operator also
shall keep on file a copy of the contract or written
agreement between the owner or operator and the
transporter under which the transporter agrees to
take the scrap tires to a recycling facility.
‘‘(B) The owner or operator of a scrap tire re-
cycling facility who obtains a permit in accordance
with section 4012(d) is the only person who may
create a recycling credit for the recycling credit sys-
tem. Recycling credits may be created through
shredding scrap tires, burning scrap tires for energy
recovery in a manner approved under Federal or
State law, reusing scrap tires through retreading,
utilizing crumb rubber made from scrap tires in an
asphalt road paving mix, recycling scrap tires by re-
covering rubber from the tires, or such other means
as may be identified by the Administrator. The
amount of recycling credit that may be created for
one scrap tire handled at a scrap tire recycling facil-
ity is as follows:
‘‘(i) One-fourth of a credit for one tire
shredded.
‘‘(ii) One-fourth of a credit for one tire
burned after shredding.
‘‘(iii) One-half of a credit for one whole
tire burned in an approved manner.
‘‘(iv) Three-fourths of a credit for one tire
reused or recycled after shredding.
‘‘(v) One credit for one whole tire reused
or recycled. Methods of reuse may include re-
treading, and methods of recycling may include
recovering rubber from the tire to produce tires
or an asphalt road paving mix. If the method
of recovery involves shredding or crumbling of
the whole tire, an additional one-fourth of a
credit may not be claimed under clause (i) or
(ii).
‘‘(C) Each year a producer or importer of tires
shall keep records of the quantity of tires produced
or imported, the recycling of scrap tires carried out
to comply with subsection (a), the amount of recy-
cling credits purchased, the names of recyclers from
whom the credits were purchased and the dates of
the purchases, the price paid for the credits, and the
amount, if any, of recycling credits sold or carried
over from previous years. The regulations shall allow
for a two-year carryover of credits.
‘‘(3) The Administrator may include such other re-
quirements in the regulations under paragraph (1) with
respect to qualifications for recyclers, importers, and pro-
ducers, methods for auditing compliance with the system,
and enforcement of the system as the Administrator con-
siders necessary or appropriate for administering the recy-
cling credit system established under this subsection.
‘‘(d) REPORTS.—(1) Not later than six years after
the date of the enactment of the Tire Recycling Incentives
Act, the Administrator shall submit to Congress an in-
terim report on the implementation of this section. The
report shall include, at a minimum—
‘‘(A) a discussion of the effects of the require-
ments of this section on the tire industry, the scrap
tire recycling industry, and the environment, includ-
ing the extent of improper tire storage and disposal;
and
‘‘(B) an evaluation of the level of the recycling
percentage under subsection (b) and recommenda-
tions on whether, and at what rate, the percentage
should be increased in future years above the per-
centage applicable under subsection (b).
‘‘(2) Not later than 10 years after such date, the Ad-
ministrator shall submit to Congress a final report on the
implementation of this section. The report shall include
an updated version of the discussion and evaluation re-
quired in the interim report, as well as such other findings
and recommendations with respect to the implementation
of this section as the Administrator considers appropriate.
‘‘(3) Each year the Attorney General shall determine
the effects of the credit system established under sub-
section (c) on competition within the tire industry and the
scrap tire recycling industry and shall submit to Congress
a report on such determination. With respect to any cal-
endar year occurring after the system is established, the
determination shall be made, and the report submitted to
Congress, not later than 6 months after completion of an
audit of compliance with the system carried out by the
Administrator during that calendar year, or 6 months
after the end of that calendar year, whichever is earlier.
The report shall include recommendations for remediating
any anti-competitive effects of the credit system, including
effects that may be violations of the Sherman Act or the
Clayton Act.
‘‘(e) REGULATIONS.—The Administrator shall pro-
mulgate regulations to implement this section not later
than 18 months after the date of the enactment of the
Tire Recycling Incentives Act. If the Administrator fails
to promulgate such regulations by that date, the recycling
percentage under subsection (b) shall be 60 percent until
such time as the regulations are promulgated and shall
apply retroactively for each year the regulations are not
in effect.
‘‘(f) CIVIL PENALTY.—(1) Whoever violates this sec-
tion shall be liable to the United States for a civil penalty
in an amount not to exceed $2500 for each such violation.
Such civil penalty shall be assessed by the Administrator
of the Environmental Protection Agency by an order made
on the record after opportunity for a hearing in accord-
ance with section 554 of title 5, United States Code. Be-
fore issuing such an order, the Administrator shall give
written notice to the person to be assessed a civil penalty
and provide such person an opportunity to request, within
15 days of the date the notice is received by such person,
a hearing on the order.
‘‘(2) In determining the amount of a civil penalty,
the Administrator shall take into account the nature, cir-
cumstances, extent, and gravity of the violation or viola-
tions and, with respect to the violator, ability to pay, effect
on ability to continue to do business, any history of prior
violations under this section, the degree of culpability, and
such other matters as justice may require.
‘‘(3) The Administrator may compromise, modify, or
remit, with or without conditions, any civil penalty which
may be imposed under this subsection. The amount of
such penalty, when finally determined, or the amount
agreed upon in compromise, may be deducted from any
sums owing by the United States to the person charged.
‘‘(4) Any person who requested in accordance with
this subsection a hearing respecting the assessment of a
civil penalty and who is aggrieved by an order assessing
a civil penalty may file a petition for judicial review of
such order with the United States Court of Appeals for
the District of Columbia Circuit or for any other circuit
in which such person resides or transacts business. Such
a petition may only be filed within the 30-day period be-
ginning on the date the order making such assessment was
issued.
‘‘(5) If any person fails to pay an assessment of a
civil penalty—
‘‘(A) after the order making the assessment has
become a final order and if such person does not file
a petition for judicial review of the order in accord-
ance with this section, or
‘‘(B) after a court in an action brought under
this section has entered a final judgment in favor of
the Administrator,
the Attorney General shall recover the amount assessed
(plus interest at currently prevailing rates from the date
of the expiration of the 30-day period referred to in para-
graph (4) or the date of such final judgment, as the case
may be) in an action brought in any appropriate district
court of the United States. In such an action, the validity,
amount, and appropriateness of such penalty shall not be
subject to review.
‘‘(g) RELATIONSHIP TO OTHER LAW.—(1) The cre-
ation of any recycling credits by the owner or operator
of a scrap tire recycling facility in accordance with this
section shall not alter the status of scrap tires as a waste
that may be used as fuel in a qualifying small power pro-
duction facility or a qualifying cogeneration facility under
the Federal Power Act (16 U.S.C. 791a et seq.).
‘‘(2) For purposes of section 142(a)(6) of the Inter-
nal Revenue Code of 1986 (26 U.S.C. 142(a)(6)), a scrap
tire recycling or disposal facility shall be considered to be
a solid waste disposal facility.
‘‘SEC. 4012. MANAGEMENT STANDARDS FOR SCRAP TIRES
AND SCRAP TIRE COLLECTION AND RECY-
CLING FACILITIES.
‘‘(a) GENERAL REQUIREMENTS.—(1) Not later than
18 months after the date of enactment of the Tire Recy-
cling Incentives Act, the Administrator shall take each of
the following actions:
‘‘(A) The Administrator shall publish in the
Federal Register a set of minimum requirements, to-
gether with a model program for the purposes of use
by States implementing and enforcing the provisions
of this section. Such minimum requirements and
model program shall include provisions for collection,
transport, storage, financial assurance, and manage-
ment of scrap tires. In developing such provisions,
the Administrator’s first priority shall be to protect
public health and the environment, but in adhering
to that priority, he should not discourage environ-
mentally beneficial reuse, recovery, or recycling of
scrap tires.
‘‘(B) The Administrator shall publish in the
Federal Register a procedure under which such min-
imum requirements shall be incorporated in the solid
waste management plan submitted to the Environ-
mental Protection Agency by such State under this
title. The Administrator may not approve a State
plan (or, if a State plan has already been approved
in a State, the portion of the plan for that State in-
corporating the minimum requirements under this
section) unless (i) the State has adopted all elements
of the model program developed under this section,
and (ii) the State has designated an agency or entity
to implement such program. In the case of a State
that adopts a program that is identical to the model
program developed under this section and that con-
tains a designation of an agency or entity to imple-
ment the program, the portion of the plan required
under this section shall be deemed to be approved by
the Administrator upon receipt by the Administrator
of written notification of the adoption of such a pro-
gram.
‘‘(C) The Administrator shall publish enabling
regulations under which States may implement and
enforce this section by adoption of the model pro-
gram and regulations. Such enabling regulations
shall specify the percentage of paving materials de-
scribed in subparagraph (D)(i) necessary for a State
to acquire in order to qualify for expedited review
under that subparagraph.
‘‘(D) In reviewing and approving the State
Plan, the Administrator shall provide expedited re-
view to any State which does one of the following in
its plan:
‘‘(i) Encourages the recycling of scrap tires
by requiring the relevant State highway author-
ity to use paving materials made from crumb
rubber from scrap tires for use in asphalt or
roadbed construction. Under the plan the State
highway authority (or its paving contractor)
would be encouraged to acquire such paving
materials from a permitted tire recycler. In any
such case, the State may enter into contractual
arrangements to share in the revenue from the
sale of recycling credits under section 4011.
‘‘(ii) Provides for directly acquiring and re-
cycling scrap tires for such paving materials in
the same manner as may be done directly by
the State highway authority. In any such case,
the State may obtain a permit to recycle such
tires and may generate and sell tire recycling
credits.
‘‘(iii) Encourages the reuse of tires by re-
quiring that at least 20 percent of the tires pur-
chased each year by the State for motor vehi-
cles are retread tires.
‘‘(b) MANAGEMENT STANDARDS.—Not later than 18
months after the date of enactment of the Tire Recycling
Incentives Act, the Administrator shall promulgate regula-
tions establishing standards for the purpose of minimizing
potential health and environmental damages from the im-
proper storage and disposal of scrap tires. States shall
adopt such standards in implementing and enforcing this
section. At a minimum, such standards shall provide for
each of the following:
‘‘(1) BANS.—(A) Not later than 24 months
after the date of enactment of the Tire Recycling In-
centives Act, the Administrator shall ban the dis-
posal of whole tires in land disposal facilities. As
part of the ban, the Administrator shall allow for the
land disposal of shredded tires, but only in a
monofill.
‘‘(B) Not later than 12 months after the date
of enactment of the Tire Recycling Incentives Act,
the Administrator shall promulgate regulations to
ban the intentional infliction of damage on tire cas-
ings that is done to preclude a tire casing from
being used in retreading, including slashing of tire
casings. The ban shall apply to importers and manu-
facturers of tire casings, owners and operators of
tire sale and installation facilities, and transporters
covered by paragraph (5). An importer or manufac-
turer of tire casings shall not be held liable in any
court of law for damages resulting from subsequent
failure of retreaded tires if such a tire is retreaded
by a recycler creating recycling credits through re-
treading under section 4011(c).
‘‘(2) INVENTORY; TIRE ADVISORY BOARD.—(A)
Not later than 12 months after the date of enact-
ment of the Tire Recycling Incentives Act, each
State shall conduct an inventory of scrap tire collec-
tion facilities, including existing tire piles, dumps,
and landfills with above-ground storage of old tires,
or any other scrap tire storage of more than 1,000
tires. Such inventory shall be provided to the Admin-
istrator and shall be made available by such State
to the public for comment. At a minimum, the in-
ventory shall include an estimate of the number of
tires in each scrap tire pile, an estimate of the total
amount of scrap tires at the site, a description of the
site characteristics, including proximity to the 100-
year flood plain, and surface water run-on/run-off
characteristics, along with current management
practices at the site. The inventory shall include the
name of the owner or operator of each such site.
‘‘(B) Not later than 12 months after the date
of the enactment of the Tire Recycling Incentives
Act, each State shall convene a tire advisory board
of public and private interests. Such board shall
have at least 3 members and shall help coordinate
the State’s efforts under this section.
‘‘(3) ABATEMENT.—In consultation with the
owner or operator of the scrap tire collection facility,
the tire advisory board, and the State public health
authorities, the State shall, within 18 months of the
date of enactment of the Tire Recycling Incentives
Act, develop a scrap tire abatement plan. The overall
abatement plan for the State inventory of sites shall
reflect the following parameters in such priorities as
determined by the State:
‘‘(A) Overall size of tire collection site.
‘‘(B) Risk to public health or the environ-
ment, including fire hazard.
‘‘(C) Proximity to populated areas.
‘‘(D) Other factors.
In developing an abatement strategy for individual
sites, the States may use the enforcement authorities
of section 4013.
‘‘(4) SALE
AND
INSTALLATION
FACILITIES.—
Any facility which distributes more than 1,000 tires
annually into commerce for final installation onto
motor vehicles shall enter into an agreement with a
licensed tire hauler. No person operating such tire
sale or installation facilities shall give, sell, donate or
otherwise provide scrap tires to any other person or
entity than a licensed tire hauler.
‘‘(5) TRANSPORTATION IDENTIFICATION NUM-
BER.—(A) Except as provided in subparagraph (B),
no person may transport scrap tires from a tire sale
or installation facility or scrap tire collection facility
unless that person has obtained a scrap tire Trans-
portation Identification Number from the authority
designated by the State in its State plan. The Ad-
ministrator shall promulgate such standards and
recordkeeping requirements as are appropriate to as-
sure that scrap tires which are collected, trans-
ported, and ultimately stored, recycled or disposed of
can be correctly accounted for under this section and
section 4011.
‘‘(B) The prohibition in subparagraph (A) does
not apply to any of the following:
‘‘(i) A trash hauler, such as a municipal
solid waste collection truck, carrying fewer than
50 scrap tires.
‘‘(ii) A recyclables hauler, such as an auto
dismantling yard, carrying fewer than 50 scrap
tires.
‘‘(iii) An individual transporting fewer
than 10 scrap tires.
‘‘(iv) A person transporting products de-
rived from tires.
‘‘(v) A person transporting scrap tires for
appropriate agricultural purposes, as defined by
the Administrator.
‘‘(vi) A business that generates and trans-
ports its own scrap tires.
‘‘(c) SCRAP TIRE COLLECTION FACILITIES.—
‘‘(1) PERMIT GUIDELINES.—The Administrator
shall publish guidelines for the State to use to issue
permits to scrap tire collection facilities. Permit
guidelines shall provide for effective regulatory con-
trol of scrap tires from the point of origination to
final disposition. Permit guidelines shall also provide
examples of cases in which class permits and permits
for mobile equipment are appropriate.
‘‘(2) OPERATION REQUIREMENTS.—The Admin-
istrator shall promulgate regulations or publish
guidelines that shall include each of the following re-
quirements for the operation of such facilities:
‘‘(A) The regulations or guidelines shall
limit the maximum size of both existing and fu-
ture scrap tire piles at scrap tire collection fa-
cilities. For existing tire piles subject to the re-
quirements of the inventory and abatement
plan, the maximum square area of such existing
piles shall be 10,000 square feet, with a height
limit of 40 feet and provision for adequate fenc-
ing, as determined by the Administrator, to pre-
vent additions to the pile. For such new tire
piles as may be required in the abatement pro-
gram, or until recycling facilities are in oper-
ation, any new tire piles shall be limited to
5,000 square feet, with a maximum height of
20 feet.
‘‘(B) The regulations or guidelines shall re-
quire a ban on open burning within 50 feet of
a scrap tire pile, along with a requirement that
a 50-foot fire lane be maintained around each
pile.
‘‘(C) The regulations or guidelines shall in-
clude guidance on vegetation, rodent, and mos-
quito control at such facilities as may be appro-
priate.
‘‘(3) FLOOD
PLAIN, WETLAND, SHORELINE,
AND
RAVINE
REQUIREMENTS.—The Administrator
shall establish different requirements in regulations
or guidelines for scrap tire collection facilities lo-
cated in a 100-year flood plain and such other areas
where water resources are critical, such as wetlands,
shorelines, and ravines.
‘‘(4) EMERGENCY PLANNING REQUIREMENTS.—
The Administrator shall publish guidelines for
States to follow in making plans for emergencies in-
volving scrap tire collection facilities. The guidelines
shall require States to establish contingency plans
for handling an emergency. Such plans shall be de-
veloped in consultation with the tire advisory board,
the State fire marshal, and local fire departments.
‘‘(5) EMERGENCY MANUAL.—The owner or op-
erator of a scrap tire collection facility shall prepare
and maintain at the facility an emergency prepared-
ness manual containing the following elements:
‘‘(A) A list of names and numbers of per-
sons to be contacted in the event of a fire,
flood, or other emergency involving the tire fa-
cility.
‘‘(B) A list of the emergency response
equipment present at the facility, its location,
and how it should be used in the event of a fire
or other emergency.
‘‘(C) A description of the procedures that
should be followed in the event of a fire at the
facility, including procedures to contain and dis-
pose of the oily material generated by the com-
bustion of large numbers of tires.
The procedures in the emergency preparedness man-
ual shall be followed in the event of an emergency
at the facility. The emergency preparedness manual
shall be updated once a year, upon changes in oper-
ations at the facility, or if required by the State.
‘‘(6) EMERGENCY
NOTIFICATION
AND
RE-
PORTS.—The owner or operator of a scrap tire col-
lection facility shall immediately notify the State in
the event of a fire or other emergency at the facility
with potential off-site impacts. Within 2 weeks of
any emergency involving potential off-site impact,
the owner or operator of the facility shall submit to
the State a report on the emergency. This report
shall set forth the origins of the emergency, the ac-
tions that were taken to deal with the emergency,
the results of the actions that were taken, and an
analysis of the success or failure of the actions.
‘‘(7) OPERATIONAL
RECORD.—The Adminis-
trator shall promulgate regulations or publish guide-
lines requiring the owner or operator of a scrap tire
collection facility to maintain records of the number
of scrap tires received at the facility, stored at the
facility, and shipped from the facility. Records shall
also be kept of the amount of tire-derived products
received, stored, or shipped from the facility. At the
completion of an abatement increment, or a report-
ing period, the responsible owner or operator shall
submit to the State a record of the approximate
number of scrap tires remaining in the facility; the
amount of tire-derived products stored at the facil-
ity; and the number of scrap tires or amount of tire-
derived products received at the facility and shipped
from the facility during the abatement increment or
reporting period. For scrap tires and tire-derived
products shipped to another location, the date and
the amount shipped must be included.
‘‘(8) INSPECTION.—At the completion of each
abatement increment or reporting period the owner
or operator of a scrap tire collection facility shall no-
tify the State so that an inspection of the tire facil-
ity may be conducted to certify the completion of the
required abatement or permit operating conditions.
‘‘(9) OPERATION, CLOSURE, AND
POST-CLO-
SURE.—The Administrator shall publish guidelines
for adoption by the State regulatory authority re-
quiring that all facilities regulated under this section
have appropriate financial responsibility or insurance
to maintain the facility for at least five years after
the facility is closed.
‘‘(10) EXEMPTIONS.—The permitting require-
ments of this section shall not apply to any of the
following:
‘‘(A) A tire retailer who stores no more
than 500 scrap tires on the business premises.
‘‘(B) A retreading business that stores no
more than 15 percent of the amount of used
tires retreaded annually on the business prem-
ises.
‘‘(C) A business such as an auto disman-
tling facility that does not remove tires from ve-
hicles as its main activity, if no more than
1,500 unmounted scrap tires are kept on the
business premises in any month.
‘‘(D) A permitted sanitary landfill that
stores no more than 10,000 scrap tires at the
landfill site.
‘‘(E) A person using scrap tires on an ag-
ricultural site for legitimate agricultural pur-
poses.
‘‘(F) A person who has entered into a
scrap tire facility cleanup agreement and is
doing work specified by the agreement.
‘‘(d) SCRAP TIRE RECYCLING FACILITIES.—The Ad-
ministrator shall promulgate regulations for the State to
use to issue permits to scrap tire recycling facilities. The
regulations shall include requirements with respect to the
operation of such facilities and shall include such record-
keeping requirements as are necessary to implement this
section and section 4011.
‘‘(e) FEDERAL RESPONSIBILITY.—
‘‘(1) REMEDIATION OF TIRE PILES ON PUBLIC
LANDS.—The Secretary of the Interior, together
with the heads of all Federal departments and agen-
cies with responsibilities for public lands or military
installations, shall determine the extent of scrap tire
piles on such lands or installations and shall develop
and implement a plan within 18 months after the
date of enactment of the Tire Recycling Incentives
Act to remediate such tire piles. The requirements
developed in the plan shall also apply to the Na-
tional Railroad Passenger Corporation.
‘‘(2) PROCUREMENT GUIDELINE.—(A) The Ad-
ministrator, in consultation with the Secretary of
Energy, the Secretary of Defense, the Secretary of
Transportation, the Administrator of the Federal
Highway Administration, and the Administrator of
General Services (as appropriate), shall develop a
guideline for procuring items that make use of rub-
ber from scrap or used tires, including asphalt made
from crumb rubber from scrap tires, retread tires,
and tires made utilizing crumb rubber from scrap
tires.
‘‘(B) Such procurement guideline shall require
that, in the procurement of such items, the heads of
the Federal departments covered by the guideline
shall procure such an item if the item is available at
the same (or lower) cost as alternative items made
from rubber other than rubber from scrap or used
tires. The cost of such an item shall be determined
in accordance with standards developed by the Na-
tional Institute for Standards and Technology under
paragraph (3).
‘‘(C) If the Administrator fails to issue the pro-
curement guideline within 24 months after the date
of the enactment of the Tire Recycling Incentives
Act, then the head of each Federal department shall
procure items containing 75 percent or more of post-
consumer scrap rubber from scrap tires if such post-
consumer scrap rubber is reasonably available within
a reasonable period of time at a reasonable price and
meets reasonable performance standards of the de-
partment.
‘‘(3) COST
STANDARDS.—The Secretary of
Commerce, acting through the Director of the Na-
tional Institute of Standards and Technology, shall
develop and publish standards for determining, for
purposes of complying with the procurement guide-
line under paragraph (2), the life-cycle costs and
benefits of asphalt made from crumb rubber from
scrap tires, retread tires, tires made utilizing crumb
rubber from scrap tires, and other items that make
use of rubber from scrap or used tires, as compared
with items that make use of rubber other than rub-
ber from scrap or used tires. The standards shall be
used by Federal departments covered by the pro-
curement guideline developed under paragraph (2)
and by States in the portion of the State plan incor-
porating the requirements under this section. The
standards under this paragraph shall be developed in
consultation with the Secretary of Transportation
not later than 18 months after the date of the enact-
ment of the Tire Recycling Incentives Act.
‘‘(4) DETERMINATIONS
BY
SECRETARY
OF
TRANSPORTATION.—(A) The Secretary of Transpor-
tation, in consultation with the Administrator and
through the use of data available from the Environ-
mental Protection Agency, the Department of
Transportation, and States, shall determine each of
the following:
‘‘(i) Whether there are any direct worker
environmental health effects relating to asphalt
made from crumb rubber from scrap tires, and
what those health effects are.
‘‘(ii) The recyclability of asphalt road sur-
faces made from crumb rubber from scrap tires.
‘‘(iii) The estimated life of existing asphalt
road surfaces made from crumb rubber from
scrap tires.
‘‘(B) Not later than 6 months after the date of
the enactment of the Tire Recycling Incentives Act,
the Secretary of Transportation shall submit to Con-
gress a plan for making the determinations required
by subparagraph (A). Not later than 18 months
after such date, the Secretary shall complete the de-
terminations and submit to Congress a report on the
determinations.
‘‘(C) Unless and until the Secretary of Trans-
portation determines otherwise, the estimated life of
asphalt road surfaces made from crumb rubber from
scrap tires is deemed to be twice that of conven-
tional asphalt road surfaces.
‘‘SEC. 4013. ENFORCEMENT AND PENALTIES FOR SCRAP
TIRE REQUIREMENTS.
‘‘(a) ABATEMENT AUTHORITIES.—For the purposes
of enforcing the scrap tire abatement provisions of section
4012, States are authorized to enter into consent agree-
ments with the owner or operator of any scrap tire collec-
tion facility for proper management and abatement of
scrap tires. If the owner or operator of a scrap tire collec-
tion facility does not agree to enter into a consent agree-
ment, the State or a county government, acting with the
consent of the State, is authorized to obtain an abatement
order from a court of competent jurisdiction for the pur-
poses of taking temporary control of the scrap tire facility
and conducting the cleanup and collecting the abatement
costs through the United States Claims Court. A court
may not issue an abatement order if the owner or operator
of such a facility shows justifiable cause for refusing to
enter into a consent agreement. States are also authorized
to levy fines of $1,000 per day on scrap tire facilities not
complying with sections 4011 and 4012. Notwithstanding
any other provision of law, in the case of an abandoned
scrap tire collection facility, the State or a county govern-
ment may seize the property, perform the cleanup, and
dispose of the property.
‘‘(b) TIRE SALES AND INSTALLATION FACILITIES
PENALTIES.—Any tire sale or installation facility which
is not exempt under sections 4011 and 4012 may be fined
up to $100 per day for managing scrap tires in violation
of such sections.
‘‘(c) LANDFILLS.—Any landfill which is found to
knowingly violate the prohibition on land disposal by
landfilling more than 100 whole tires in any month shall
be subject to a $5,000 fine for each 100 tires (or incre-
ment thereof) over that limit disposed of in a month.
‘‘(d) TIRE COLLECTION AND RECYCLING FACILITIES
PENALTIES.—Any tire collection or recycling facility de-
termined to be in noncompliance with section 4011 or sec-
tion 4012 shall be subject to fines of $1,000 per day for
each violation.’’.
(2) The table of contents for subtitle D (contained
in section 1001) is amended by adding at the end the fol-
lowing new items:
‘‘Sec. 4011. Recycling requirements for scrap tires.
‘‘Sec. 4012. Management standards for scrap tires and scrap tire collection and
recycling facilities.
‘‘Sec. 4013. Enforcement and penalties for scrap tire requirements.’’.
(b) DEFINITIONS.—Section 1004 of the Solid Waste
Disposal Act is amended by adding the following at the
end thereof:
‘‘(42) The term ‘producer’ with respect to tires means
any person who produces tires for an automobile, motor-
cycle, truck, trailer, semitrailer or combination, or truck
tractor. Such production does not include retreading tires.
‘‘(43) The term ‘importer’ with respect to tires means
any person who imports tires, either individually or as part
of an automobile or other vehicle.
‘‘(44) The term ‘scrap tire’ means a tire from an
automobile, motorcycle, truck, trailer, semitrailer or com-
bination, or truck tractor, that is no longer usable for the
original purpose.
‘‘(45) The term ‘scrap tire collection facility’ means
any facility or entity that voluntarily or involuntarily col-
lects, stores, or otherwise accumulates scrap tires in
amounts in excess of 1,000 tires a year, including an auto
parts retailer or municipality.
‘‘(46) The term ‘recycler’ means with respect to tires
the owner or operator of a tire recycling facility who has
a permit under section 4012.
‘‘(47) The term ‘recycling credit’ means with respect
to tires a legal record of a recycling activity undertaken
in accordance with section 4012 that represents scrap
tires recycled for purposes of complying with that section
and section 4011.
‘‘(48) The term ‘tire sale and installation facility’
means any facility which sells or installs more than 1,000
tires for operation on the highways of the United States.
‘‘(49) The term ‘tire-derived product’ means a prod-
uct made from the usable materials produced from the
chemical or physical processing of a scrap tire. Such term
does not include ash from burning a scrap tire.
‘‘(50) The term ‘tire fuel’ means tires used to produce
heat in an energy recovery combustion device designed to
burn fossil fuels (including coal, oil, and natural gas), re-
gardless of the size or shape of the tire upon entering the
combustion device.
‘‘(51) The term ‘tire-derived fuel’ means tire fuel that
is composed of shredded tires from which 95 percent of
the metal has been removed.
‘‘(52) The term ‘abatement increment’ means a pe-
riod of time not greater than six months and not less than
one month, as specified in an abatement plan, during
which a specified number of scrap tires will be removed
from a scrap tire collection facility and processed in ac-
cordance with section 4011.
‘‘(53) The term ‘shredded tire’ means a scrap tire
reduced to chips no larger than 2 inches by 2 inches.
‘‘(54) The term ‘crumb rubber’ means rubber from
a scrap tire that is separated from the steel fabric and
other contaminants of the tire, and reduced, with or with-
out processing agents, into particles of specified sizes and
shapes.
‘‘(55) The term ‘asphalt road paving mix’ includes
surface treatments, interlayers, and crack sealants.’’.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary to carry out the amendments made by this Act.
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