ECAR Fact Sheet for New York
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

Disposal of waste tires is one of the biggest solid waste issues facing automotive recyclers. Waste tires pose a significant threat to public health and the environment. Waste tire piles provide a breeding ground for mosquitoes, which may cause disease, and also present a serious fire hazard.

This fact sheet will help you manage the tires stored at your facility and how to remove properly.

Regulations

New York State (NYS) law prohibits the storage of 1,000 or more waste tires without a permit. This requirement includes both whole tires and their equivalent in pieces (i.e. chipped or shredded). If you are storing more than 1,000 tires and have not obtained a permit, you may be operating in violation of State law. If there is a need to store more than 1,000 waste tires at any time, you should contact your regional NYS Department of Environmental Conservation (DEC) office to find out which regulatory requirements of possible exemptions apply.

Removal. If you are planning to remove waste tires from your facility to an authorized waste tire facility, the following options are available:

1. Hire an authorized Part 364 Hauler (See links below);
2. Obtain a Part 364 permit if you have collected a fee for the transportation or disposal of the tires, or if you are transporting waste tires for a fee for purposes of reuse, recycling or disposal; or
3. If you do not charge a fee for transporting the waste tires, you may transport the waste tires resulting from your operations, for purposes of reuse, recycling or disposal.

Note: If you plan on transporting your own waste tires, the Department recommends that you contact your DEC Regional Office for a list of permitted waste tire facilities. The Regional Office can also provide a letter of notification acknowledging your intent to transport your tires.

If you offer used tires for resale and have more than 1,000, you are subject to registration provisions under 6 NYCRR 360-1.8 (h). Used tires that are being held for resale are considered wastes.

Waste tires that are still on rims and bolted on the automobiles are not regulated and do not count as part of regulatory threshold of 1,000 waste tires. Waste tires on rims may be used to support vehicles provided only four tires per vehicle are used.

Land filling (or burying) whole tires is prohibited. Most landfills do not accept waste tires. Power plants and cement kilns are currently burning shredded tires as a supplemental fuel, while construction projects are using the shredded tires as fill material. In both these instances, the biggest drawback is the cost of the machine to shred the tires to a 1" x 1" inch size. Currently there are limited options for waste tires after their useful life is over on the automobile. DEC maintains a database of permitted waste tire storage facilities that use waste tires for energy recovery and in new product manufacturing. Contact your DEC Regional Office.

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

New York Conservation Rules and Regulations on Waste Transporter Permits (6 NYCRR 364)

New York Conservation Rules and Regulations for Permit Application and Registration Procedures (6 NYCRR 360-1.8)

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.

1. Where are waste tires transported for disposal/recycling? Make sure your hauler has a valid New York State Part 364 Waste Transporter Permit to transport waste tires. Also, make sure the tires are being taken to an authorized recycler or disposal facility.
2. How many tires are stored? Make sure you do not store more than 1,000 tires at any one time without a permit.

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.

• Store as few waste tires as possible at your facility.
• Schedule regular pickup for waste tires by a properly permitted Part 364 hauler.
• Keep tires stored indoors, if possible, or keep tire piles covered in order to prevent entrapment of water.
• If waste tires cannot be processed in a timely manner, leave waste tires on the rims to avoid problems with mosquitoes until the waste tires can be managed properly.
• Do not burn or bury waste tires.

Contacts

1. Division of Solid & Hazardous Materials: 518-402-8672.
2. List of NYS DEC Regional Offices

Related ECAR Fact Sheets

None.

Other Relevant Resources

1. Automobile Recycling home page
2. New Requirements for Vehicle Dismantlers
3. A Quick Look at Your Automobile Recycling Facility
4. Forms for Auto Recyclers
5. Summary of Laws, Rules and Regs Relating to Auto Recyclers
6. Resource Guide for Auto Recyclers

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