014.08.18 Ark. Code R. § 002

• Library: Arkansas Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 48, No. 12, December, 2023
• Citation: 014.08.18 Ark. Code R. § 002
• Year: 2023

CHAPTER 1 :GENERAL PROVISIONS

Reg. 36.101 Title Implementation, and Administration(A) This regulation shall be known and may be cited as the "Tire Accountability Program." (B) On the effective date of this regulation, the Arkansas Department of Environmental Quality (ADEQ) shall implement the Tire Accountability Program. (C) On or before January 1, 2018, and thereafter, the ADEQ shall administer the Tire Accountability Program in accordance with this regulation.

Reg 36.102 Purpose (A) The purpose of the Tire Accountability Program is to (1) Reimburse used-tire programs for used tire recycling and disposal costs; (2) Incentivize recycling used tires collected; (3) Provide accountability for the disbursement of moneys to used-tire programs and (4) Otherwise improve the sustainability of used-tire programs. (B) The purpose of this regulation is to (1) Protect the public health, welfare, and the state's environmental quality by promulgating regulations for the hauling, collection, storage, and recycling or disposal of recyclable tires, waste tires, and used tires culled for resale; (2) Provide accountability and sustainability for used-tire programs by requiring use of the electronic uniform used tire manifest system developed by ADEQ and business plans for used-tire programs; (3) Promote recycling and reuse of used tires; (4) Equalize the application of fees for all tires removed from rims; and (5) Ensure that reimbursements for used-tire programs are related to the overall used-tire program goals.

Reg. 36.103 Legislative Intent The General Assembly made the following determinations related to used tires: (1) If not properly managed, used tires pose a potential threat to human health and safety and the environment because used tires:(a) Are a known breeding habitat for mosquitoes and other disease-transmitting vectors; and (b) Pose substantial fire hazards; (2) The state must have a used-tire program for recyclable tires, waste tires, and used tires culled for resale that is accountable, effective, and efficient; and (3) The primary goal of the used-tire program is to recycle or put to beneficial use as many used tires as possible.

Reg. 36.104 Authority The Used Tire Recycling and Accountability Act, Ark. Code Ann. § 8Title-legislative intent-findings8-9-401 et seq., created in Act 317 of 2017 authorizes the Arkansas Pollution Control and Ecology Commission (Commission) to adopt regulations necessary for ADEQ to implement and administer the Tire Accountability Program.

Reg. 36.105 Applicability A person who receives funding under Commission Regulation 36, tire collection centers, tire retailers, tire processing facilities, tire transporters, tire generators, waste-tire sites, and commercial generators, are subject to: (1) All provisions in Arkansas Code Title 8, Chapter 1 and Title 8, Chapter 4, Subchapters 1 and 2 concerning permits, licensing, inspections, and procedures; (2) Arkansas Code §§ 8Penalties and procedures8-9-105, 8Criminal, civil, and administrative penalties8-6-204, 8Illegal actions - Rebuttable presumption - Acts or omissions by third party8-6-205, and 8Powers and duties of the department and commission generally8-6-207(a)(6) concerning penalties and enforcement; and (3) All applicable regulations promulgated by the Arkansas Pollution Control and Ecology Commission.

Reg. 36.106 Inter-district Used-Tire Programs(A) An inter-district used-tire program shall:(1) Be formed using written agreements signed by the chair of each regional solid waste management board in the Inter-district; (2) Have a board of directors composed of the chair of each regional solid waste management board or his or her designee; (3) Elect a person to serve as the chair of the inter-district used-tire program; and (4) Specify the exclusive entity that receives payment from the Used Tire Recycling Fund from ADEQ. (B) (1) If a new inter-district is formed on or after January 1, 2018, or a regional solid waste management board is added to or removed from the inter-district that existed on or after January 1, 2018, the change requires the inter-district to:(a) Comply with all requirements in law and regulation concerning inter-districts; (b) Obtain approval from all regional solid waste management boards that are in the proposed inter-district; (c) Provide ADEQ with a Notice of Intent to submit a revised business plan under Chapter 7 of this regulation; and (d) Develop a revised business plan under Chapter 7 of this regulation and submit to ADEQ or its designee for review and approval. (2) The ADEQ will provide the effective date of the new inter-district upon approval of the revised business plan. (C) A used-tire program may request operational assistance or guidance on compliance with this section from ADEQ, and ADEQ may provide operational assistance or guidance on compliance with this section to the used-tire program.

Reg. 36.107 Market Development (A) The used-tire program shall develop market opportunities for recycling and beneficial use of used tires and used tire materials, including tire derived fuel. (B) The market sectors for recycling and beneficial use of used tires could include ground rubber, use in civil engineering applications, tire-derived fuel, and rubberized asphalt.

CHAPTER 2 :DEFINITIONS

Reg. 36.201 Definitions As used in this regulation, the following definitions apply: "Abatement" means the removal of used tires from a waste tire site, stock pile, or other site with accumulations of whole or shredded used tires. "Access-controlled collection center" means a location where used tires are collected from tire generators, commercial generators, the public, or any combination thereof and: (1) Is secured; and (2) Only allows entry through specific points by authorized personnel. "Baling" means a method of volume reduction whereby tires are compressed into bales. "Beneficial use" means using a tire or part of a tire: (1) To make another product; (2) To make a component material of another product; (3) As a substitute for a commercial product or material; or (4) As a component to produce an alternative fuel for commercial purposes. "Civil engineering application" means the use of waste tires in lieu of or in addition to natural occurring materials (such as rock, sand, dirt, gravel, etc.) in construction and erosion control. This definition does not include land reclamation. "Commercial generator" means a person who sells new tires or provides delivery of new tires as part of fleet services to any one (1) or more of the following:(1) A municipality; (2) A county; (3) A state agency; (4) A federal agency; (5) A school district; (6) A political subdivision of the state; or (7) A person who in the ordinary course of business buys tires in bulk for use on commercial vehicles. "Commercial generator" does not include a tire retailer. "Commission" means the Arkansas Pollution Control and Ecology Commission or its successor, unless otherwise specified. "Department" or ADEQ means the Arkansas Department of Environmental Quality or its successor, unless otherwise specified. "Director" means the Director of the Arkansas Department of Environmental Quality or the Director's designee, unless otherwise specified. "Disclosure statement" means a written statement regarding business and legal activities as defined in Ark. Code Ann. § 8Definitions - Disclosure statements - Denial of application - Appeal - Regulations8-1-106 et seq. "E-Manifest" means the electronic format of used tire data that is:(1) Entered by an e-manifest user opener into the electronic uniform used tire manifest system; (2) Assigned a unique electronic document number by ADEQ's e-manifest system portal; and (3) Transmitted electronically to the e-manifest system, e-manifest viewers, and e-manifest closers who have been given permission to:(a) View the data; (b) Communicate with the e-manifest opener; (c) Provide information related to the collection, transportation, distribution, and recycling or disposal of recyclable tires, waste tires, and used tires culled for resale; or (d) Be the e-manifest closer. "Electronic uniform used tire manifest system" or "e-manifest system" means an administrative method developed by ADEQ that:(1) Uses an electronic application for the submission and management of information related to the generation, collection, transportation, distribution, and recycling, beneficial use, disposal, or resale of each recyclable tire, waste tire, and used tire culled for resale regulated under the Used Tire Recycling and Accountability Act, Ark. Code Ann. § 8Title-legislative intent-findings8-9-401 ...