Scrap Tire Program
Scrap Tires
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Scrap Tire Management
Scrap tires must be managed to prevent fires and control disease vectors (mosquitoes, rats, and snakes). Anyone who stores more than 500 scrap tires must register with the TCEQ; however, the scrap tire rules apply to all generators and handlers, regardless of whether they are registered. Good reusable tires are not considered to be scrap tires if they are stacked, sorted, classified, and arranged in an organized manner for sale. Used tires that are stored in stockpiles are scrap tires. Scrap tires must be hauled by a registered transporter to an authorized facility, either a permitted landfill or a scrap tire facility. All such facilities must keep manifest records showing the disposition of scrap tires.
Manifest
The manifest is simply a cradle-to-grave record of the disposition of each load of scrap tires removed from a generator site. The generator and every facility handling the tires must keep a copy of the manifest for each load. The generator completes and signs the first section of the manifest showing how many tires were picked up. The transporter signs the manifest and leaves a copy with the generator. When the tires are delivered to a permitted landfill or an authorized scrap tire facility, the final sections of the manifest are completed, showing how many tires were disposed of at the facility.
The completed manifest must be returned to the generator within 60 days after the scrap tires were transported off-site. The generator should notify the regional office of any transporter or authorized scrap tire facility that fails to complete the manifest, alters the generator portion of the manifest, or does not return the manifest within three months after the off-site transportation. Originals of manifests, work orders, invoices, and any other documentation must be retained by all facilities for three years. All such records must be made available to the executive director upon request.
The TCEQ does not supply the multi-part manifest forms. A copy of the manifest form (TCEQ-10304) (PDF) can be downloaded and reprinted. It is permissible to keep similar documentation or an alternate record if approved by the TCEQ. Some companies have designed, and obtained TCEQ approval of, manifests that include the information required by the rules, as well as billing information.
Registrations
The TCEQ registers the following scrap tire handlers:- Generators
- Transporters
- Scrap Tire Facilities
- Storage sites
- Transportation facilities
- Land-reclamation projects using tires
- Landfills
See Application for Scrap Tire Management Registration , (TCEQ-10297)and instructions (PDF) for most of these registrations.
Most tire generators are not required to register, but must follow rules for storage and record keeping. All facilities must keep records of scrap tire management using a manifest system. Transporters, scrap tire facilities, and storage sites must file annual reports. Facilities are periodically inspected by investigators in the regional offices. The TCEQ and local officials cooperate to enforce against illegal dumping and encourage only reuse, recycling or disposal in authorized Landfills. Local governments may adopt rules that are more stringent than the state rules.
Generators
Generators are tire dealers, junkyards, fleet operators, and others who generate scrap tires. Generators may not store more than 500 scrap tires on the ground. Generators who register with the TCEQ may store up to 2,000 tires in a trailer. A state sales tax identification number is required for registration. The state comptroller answers tax questions at 800-252-5555 or on the Comptroller website.
Generators must:
- Monitor tires stored outside, at least once every two weeks, to assure vector control.
- Stack, sort, classify, and arrange good reusable tires in an organized manner for sale.
- Document the removal of all scrap tires using manifests, work orders, invoices, or other records.
- Allow only registered scrap tire transporters to remove their scrap tires.
- Ensure that the transporter who collects the tires delivers them to an authorized facility.
- Still comply with all manifesting requirements if transporting their own scrap tires without registration.
Transporters
Transporters must register by submitting a complete application on the Form TCEQ-10297 and instructionswith the TCEQ if they collect scrap tires from another business. A signed registration application must be submitted to the TCEQ before a transporter begins collecting tires. There are no application fees or annual fees. Exemptions from registration include generators hauling their own tires, on-site sewage facility installers hauling shreds, vehicles collecting municipal solid waste, local government vehicles, and retreaders.
Vehicles used for transporting scrap tires, including trailers, must be operated safely and marked on both sides and the rear using numbers and letters at least two inches tall. The identification shall include the name and location of the business and the TCEQ registration number.
Transporters maintain records using a manifest system, and must notify the generator of any changes to a manifest. Transporters are required to submit an annual report of the manifest information to the TCEQ. The annual report (TCEQ-10311) lists the number of tires collected from each generator and the number delivered to each authorized facility.
Transporters may not stockpile more than 500 scrap tires. Tires must be hauled to an authorized facility such as a permitted landfill or a registered scrap tire facility. Disposal fees are negotiated between transporters and authorized facilities.
Scrap Tire Facilities
Scrap tire facilities are processing operations that shred, bale, recycle, or recover energy from scrap tires. Scrap tire facilities must complete a signed application to register with the TCEQ and submit an annual report. Scrap tire facilities that store more than 500 tires must also register as a storage site. Persons wanting authorization as a Scrap Tire Facility must register by submitting a complete application on Form TCEQ-10297along with supporting documentation see instructions.Storage Sites
Storage sites are facilities that store more than 500 whole used or scrap tires or tire pieces. Storage sites must register by submitting a complete application ( Form TCEQ-10297 and instructions) and are subject to design requirements to ensure safety and financial assurance for closure costs. For more information, view the Financial Assurance Worksheet (TCEQ-10301) (PDF). Applications for storage site registration must be sealed by a registered professional engineer. Detailed information about storage limitations and record keeping for storage sites is listed on the registration application checklist.
Each annual report must be submitted to the TCEQ called Scrap Tire Facility and Storage Site Combined Activity Reports (TCEQ-10305). This report provides information which ultimately becomes a report to the Texas Legislature.
Transportation Facilities
Transportation facilities are marine terminals, rail yards, or trucking facilities that store more than 500 scrap tires or equivalent scrap tire pieces for more than 30 days. Transportation facilities must register by submitting a complete application ( Form TCEQ-10297 and Instructions), but are not required to submit an annual report.Land Reclamation Projects Using Tires
LRPUTs are projects to fill, rehabilitate, improve, or restore already excavated, deteriorated, or disturbed land, using no more than 50 percent by volume of tire pieces along with inert fill materials, to restore the land to its approximate natural grade and to prepare or reclaim the land for reuse. All tires used to fill land must be split, quartered, or shredded. Whole tires cannot be placed belowground.
Completed projects must be covered with 18 inches of clean soil. The operator and property owner must file an affidavit (TCEQ-10299) (PDF) with a complete application ( Form TCEQ-10297 and Instructions) certifying that the hole existed before the project, was excavated for another purpose, and was not excavated for the burial of tire pieces. Additional registrations may be required for hauling, cutting, or storing tires for the project.
A notification application (TCEQ-10300) (PDF) must be sealed by a registered professional engineer and may be approved by the TCEQ if design requirements are met and public and local government notification requirements are satisfied.
Detailed information about requirements for land reclamation projects is listed on the registration application checklist.
For more information see Instructions and Sample Public Notices for Scrap Tire Management Registration and LRPUT Notification Applications (TCEQ-10298) (PDF).
