Waste Tires

ECAR Fact Sheet for Kansas
Waste Tires

Regulations
Self-Audit Checklist
Best Management Practices
Contacts
Related ECAR Fact Sheets
Other Relevant Resources

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The following fact sheet was prepared by the ECAR Center staff. Once prepared, each ECAR Center fact sheet undergoes a review process with the applicable state environmental agency(ies). You can check on the status of the review process here. Please read the disclaimer on the status page. While we have tried to present a summary of the essential information on this topic, you should be aware that other items, such as local regulations, may apply to you.

What You Need to Know

Waste tires present two unique pollution and public safety concerns, the potential for fires, and the possibility of providing a breeding ground for disease-carrying mosquitoes and rodents. Although waste tires do not ignite easily, once on fire, they burn very hot and are difficult to extinguish. Extinguishing methods are costly and can produce an oil runoff that can pollute soil and nearby surface and groundwater. If improperly stored, tires may collect rainwater, which can create an ideal breeding ground for mosquitoes.

Regulations

The state of Kansas has very strict waste tire regulations if you fall within their permitting requirements. Listed below are the permit exemptions. As an auto recycler, you may very well meet one of these exemptions and not be required to have a permit.

Keep in mind however, that if you sell any amount of tires, even one tire, you are considered a tire retailer and all permit requirements apply.

Permit Requirements/Exemptions. The state of Kansas requires an annual permit for mobile waste tire processors, waste tire processing facilities, waste tire transporters and waste tire collection centers. You are not required to obtain a permit if you are:

A business that, in the ordinary course of business, removes tires from motor vehicles where fewer than 1,500 of these tires are kept on the business premises.
A tire retreading business where fewer than 1,500 waste tires are kept on the business premises.
A retail tire-selling business where fewer than 1,500 waste tires are kept on the business premises
If fewer than 1,500 used tires are kept on the premises, or 1,500 or more used tires are kept on the premises, and if the owner demonstrates through sales and inventory records that such tires have value.
You may act as a waste tire transporter but not have to obtain a waste tire transporter permit if you transport:
- Waste tires mixed with other municipal solid waste;
- Fewer than five waste tires for lawful disposal;
- Waste tires generated by the business, farming activities of the person or the person's employer;
- Waste tires for a beneficial use approved by the state;
- Waste tires from an illegal waste tire accumulation to a permitted person
- Five to 50 waste tires for lawful disposal, provided the transportation act is a one time occurrence to abate a legal accumulation of waste tires; or
A tire retailer that in the ordinary course of business also serves as a tire wholesaler to other tire retailers may act as a waste tire transporter to transport waste tires from those retailers back to a central location owned or operated by the wholesaler for consolidation and final disposal or recycling.

Indoor Waste Tire Storage. Indoor waste tire storage must comply with the Standard for Storage of Rubber Tires, NFPA 231D, edition 1994, published by the National Fire Protection Association.

Outdoor Waste Tire Storage. The owner or operator of each site that contains a waste tire, used tire or new tire accumulation of any size must control mosquito breeding and other disease vectors.

If you do not sell new or used tires and you are not a permitted tire collection center, your tire storage piles must not exceed 50 tires. A pile of more than 50 waste tires is considered an illegal tire pile. If you crush vehicles at your salvage yard, it is acceptable practice to place up to four used tires in each vehicle prior to crushing.

If you sell new or used tires, you are considered to be a tire retailer and must meet Kansas used-tire storage standards if you store more than 500 used tires outdoors for more than 30 days. These standards, which are also good management practices for any tire piles, are as follows (management standards for outdoor accumulations of waste tires shall not apply to waste tires stored in trailers or covered containers):

Locate tire piles outside of wetlands and 10-year flood plains.
Store tires on racks, on tread, or by ricking.
Limit the tire to 50 feet in width, 5,000 square feet in area, and 10 feet in height.
Control mosquitoes and rodents.
Between March 1 and November 1, drain, process, or treat the tires with pesticide for mosquito control.

If you are a tire retailer and store more than 1,500 used tires outdoors for more than 30 days, you must meet the following additional standards:

Tire piles must be located at least 60 feet from each building.
Develop a 50-foot-wide fire line around each tire pile.
Demonstrate to KDHE that fire-fighting equipment can reach each pile.
Prohibit open flames and smoking within 25 feet of each pile.
Maintain vegetation within 100 feet of each pile to minimize fire hazards.

Transporting Waste Tires. You may self-transport four or less waste tires without a permit. If you transport more than four waste tires, you must apply for a waste tire transporter permit and renew it annually.

As a waste tire transporter, you must display a current waste tire transporter permit in each vehicle that transports waste tires, and maintain financial assurance as required by state law. Financial assurance amounts depend on the number of passenger tire equivalents (PTEs) transported.

Each waste tire transporter permittee is required to submit an annual report that details their monthly activities. This information will include the number of waste tires collected, the name and location from which the waste tires were collected, and the name and location at which the waste tires were deposited. This information must be kept on file for at least three years.

Waste Tire Transporter Exemption. You may act as a waste tire transporter but not have to obtain a waste tire transporter permit if you transport:

Waste tires mixed with other municipal solid waste;
Fewer than five waste tires for lawful disposal;
Waste tires generated by the business, farming activities of the person or the person's employer;
Waste tires for a beneficial use approved by the state;
Waste tires from an illegal waste tire accumulation to a permitted person; or
Five to 50 waste tires for lawful disposal, provided the transportation act is a one-time occurrence to abate a legal accumulation of waste tires.

Disposal. You may dispose of waste tires under any of the following conditions:

Waste tires are processed in accordance with all applicable requirements and are disposed of in a tire monofill or a municipal solid waste landfill (MSWLF).
Contaminated waste tires are disposed of in a tire monofill or a MSWLF.
Waste tires are used in their original state are part of an approved leachate collection system in a landfill.
Waste tires are cut into sufficiently small parts and used as alternate daily cover in a landfill.

You may burn or incinerate waste tires under the following conditions:

You obtain a waste processor permit from KDHE.
The burning/incinerating/combustion is in compliance with applicable state air quality laws.
All residue is disposed of at a permitted landfill or through recycling.

Links to the Regulations and Forms. Use the following links to view the regulations pertaining to waste tire management.

Kansas Waste Tire Management Requirements (KAR 28-29-28 to 28-29-33)

Kansas Waste Tire Permit and Standards Requirements (KSA 65-3424b)

Self-Audit Checklist

When an inspector comes to your facility, there are certain things they check to see if you are in compliance with environmental regulations. It makes good sense for you to perform a "self-audit" and catch and correct problems before they result in penalties. Also, there are some compliance incentives associated with self-audits (see Audit Policy Page).

Use the following list to audit your waste tire storage areas and management procedures.

Are you keeping accurate records? Keep five years worth of records (customer/transporter/processor/disposal site/beneficial use).
Are your waste tires being transporter by permitted haulers? Arrange/hire a permitted waste tire hauler for transportation/disposal (unless only five or fewer waste tires are transported).
Are you properly displaying required information about waste tires? Educational materials provided by KDHE must displayed or made available to the public.
Are you meeting waste tire storage requirements? Ensure your indoor storage of waste tires meets National Fire Protection Association requirements, and that your outdoor waste tire storage meets state requirements.

Best Management Practices (BMPs)

Most regulations tell you what you have to do to be in compliance, but they don't explain how to do it. That's where "best management practices" come into play. BMPs are proven methods that help you to get into compliance and stay there. The following BMPs are recommended for waste tire storage areas and management procedures.

Count the number of waste tires to be hauled before the hauler loads them.
Keep as few waste tires as possible.
Schedule for regular transports.
Keep detailed records including beneficial use recipients/projects.
Make sure the waste tire permit is appropriate for the service provided.

Contacts

For more information, contact the toll-free hotline for waste tire laws and regulations at 1-866-8KS-TIRE (1-866-857-8473).
To report a spill or leak, contact the KDHE 24-hour hotline at 785-296-1679.
To report an environmental incident or complaint, contact the nearest regional office.

Related ECAR Fact Sheets

None.

Other Relevant Resources

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