Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-580 - Scrap tire › Section 3745-580-105 - Exclusions from the requirement to obtain a scrap tire transporter registration certificate

Current through all regulations passed and filed through July 1, 2024
(A)
								Any person who
			 transports more than ten scrap tires in a single load is not subject to the
			 specifications of rule
			 3745-580-06 or
			 3745-580-101 of the
			 Administrative Code provided the person meets one of the following:
(1)
									Transports scrap
			 tires for their own use in agriculture or for producing or processing
			 aggregates.
(2)
									Is engaged primarily in the retail sale of the
			 following types of tires and transports twenty-five or fewer scrap tires in a
			 single load and not more than two hundred fifty scrap tires in a calendar
			 year:
(a)
										Farm
			 machinery.
(b)
										Construction equipment.
(c)
										Commercial
			 cars.
(d)
										Commercial tractors.
(e)
										Motor
			 buses.
(f)
										Semi truck tires.
(3)
									Is a government
			 agency, local government, or operation owned by a local government that is
			 transporting scrap tires obtained from conducting roadside or litter clean ups
			 on public property or a community tire collection event and uses only
			 government owned or leased vehicles or designated privately owned vehicles
			 whose use is donated and not purchased.
(4)
									Is a nonprofit
			 organization, university, or other civic organization, that has received
			 written concurrence from Ohio EPA prior to transporting scrap tires obtained
			 from conducting a scrap tire clean up event and uses government owned or leased
			 vehicles or designated privately owned vehicles whose use is donated and not
			 purchased.
(5)
									Is a tire retreader or tire dealer who tracks scrap
			 tires in an inventory or shipping paper system so that the scrap tires can be
			 returned to the original owner of the scrap tires.
(6)
									Is a for-hire
			 motor carrier who transports scrap tires that are still owned by the scrap tire
			 generator on a commercial bill of lading to a dealer or manufacturer for the
			 purposes of a warranty adjustment, repair, or retreading, regardless of the
			 condition of the scrap tires.
(7)
									Is a for-hire
			 motor carrier who transports scrap tires that are still owned by the scrap tire
			 generator on a commercial bill of lading to another business location owned or
			 operated by the scrap tire generator, regardless of the condition of the scrap
			 tires.
(8)
									Is a for-hire motor carrier that transports purchased
			 scrap tires from a registered scrap tire transporter, an owner or operator of a
			 registered or permitted scrap tire facility, or business excluded pursuant to
			 rule 3745-580-205,
			 3745-580-305, or
			 3745-580-405 of the
			 Administrative Code to a final destination outside of Ohio. The for-hire motor
			 carrier transporting the scrap tires shall submit a request on forms prescribed
			 by the director, obtain written approval from Ohio EPA, and remain responsible
			 for the shipment of scrap tires until the scrap tires reach the final
			 destination.
(9)
									Is a scrap tire generator that transports scrap tires
			 on a vehicle owned by the scrap tire generator to another business location
			 owned or operated by the scrap tire generator, to a scrap tire retreading
			 business, or to a manufacturer for the purposes of a warranty adjustment or
			 repair.
(10)
									Transports exclusively segregated loads of retreadable
			 truck tire casings, retreadable off-the-road tire casings, or scrap bias ply
			 tires to a scrap tire retreading facility for retreading. The scrap tire
			 transporter shall demonstrate proof that the scrap tires have been purchased by
			 having a commercial bill of lading or a detailed receipt accompany each load
			 describing the scrap bias ply tires or retreadable truck tire casings, the
			 listing price paid, the source of the scrap tires, and the destination. This
			 exclusion does not apply to scrap tires in the transportation vehicle not
			 destined for retreading.
(11)
									Is a barge, ship, or rail common carrier company that
			 transports scrap tires if the barge, ship, or rail common carrier is acting as
			 an agent or subcontractor to a registered scrap tire transporter, has obtained
			 written approval from Ohio EPA on forms prescribed by the director, and ensures
			 the approval accompanies the shipment of scrap tires to the end destination and
			 then is returned to the registered scrap tire transporter. The shipment of
			 scrap tires shall be the responsibility of the following:
(a)
										The registered
			 scrap tire transporter and the common carrier until the scrap tires reach their
			 final destination.
(b)
										The registered scrap tire transporter for scrap tires
			 that are staged at a dock or rail yard prior to shipment.
(12)
									Transports exclusively TDF or TDC for use as a fuel or a
			 beneficial use authorized pursuant to rules
			 3745-580-801 and
			 3745-580-802 of the
			 Administrative Code.
(13)
									Transports solely crumb rubber.
(14)
									Is the property
			 owner of the site and has obtained written authorization from Ohio EPA or the
			 board of health to properly remove and dispose of scrap tires from the property
			 to abate a public nuisance or open dump. The property owner shall only use
			 vehicles owned or leased by the property owner or vehicles whose use is donated
			 to the property owner and not use commercial vehicles hired by the property
			 owner and operated by an unregistered scrap tire transporter. This exclusion is
			 applicable only to the scrap tires that are identified in the
			 authorization.
(15)
									Has obtained written permission from Ohio EPA to
			 transport scrap tires for a beneficial use authorized in accordance with rule
			 3745-580-801 or
			 3745-580-802 of the
			 Administrative Code.
(16)
									Transports burned and partially burned scrap tires for
			 disposal to a sanitary landfill facility.