EPA Scrap Tire Guidelines: What US Operators Need to Know

By:     Conor Murphy

The US Environmental Protection Agency does not regulate scrap tires through a dedicated federal tire management statute in the same way that some other waste streams are regulated. Instead, scrap tire management falls within the broader framework of the Resource Conservation and Recovery Act (RCRA) as it applies to solid waste, with the EPA providing guidance and establishing the overall framework while delegating most operational regulatory authority to individual states.

This structure means that for most day-to-day compliance questions, your state environmental agency is the primary authority. But understanding the federal EPA framework, the specific situations where federal requirements apply directly, and how EPA guidance shapes state programs is essential for operating a tire recycling business with confidence. This article covers the EPA framework that every US tire recycler needs to understand.

RCRA and Scrap Tires: The Federal Framework

The Resource Conservation and Recovery Act (RCRA) is the primary federal statute governing solid and hazardous waste management in the United States. Scrap tires are classified as solid waste under RCRA when they are discarded or intended for disposal. They are not classified as hazardous waste under RCRA in most circumstances, which means the full hazardous waste management requirements of RCRA Subtitle C do not apply to scrap tires under federal law.

This distinction is important. Under federal RCRA, scrap tires that are being collected, transported, stored, and processed for recycling or energy recovery are managed as solid waste, not hazardous waste. The federal hazardous waste manifest system, hazardous waste storage time limits, and RCRA Subtitle C permit requirements do not apply to scrap tire operations that handle tires destined for recycling.

However, RCRA does establish the federal floor for solid waste management. States are authorized to implement solid waste programs that meet or exceed federal RCRA requirements. This means states can, and many do, impose more stringent requirements on scrap tire management than the federal baseline. A state cannot impose requirements less protective than RCRA, but it can go further.

When Federal EPA Requirements Apply Directly

While most scrap tire regulation occurs at the state level, federal EPA requirements apply directly in several specific situations that US tire recyclers encounter. Interstate transport of waste tires is subject to federal waste transportation regulations where the tires are classified as solid waste in any state through which they pass. Export of scrap tires from the United States is subject to federal export notification requirements under RCRA if the tires are classified as solid waste.

Tire-derived fuel (TDF) combustion facilities, including cement kilns and industrial boilers that accept tire bales, are subject to EPA air emissions requirements under the Clean Air Act. These requirements apply to the TDF buyer rather than the tire processor, but understanding them is relevant because EPA air emissions regulations affect TDF buyer demand, buyer acceptance specifications, and the long-term regulatory environment for the TDF market.

For US operations considering export of tire bales, the international compliance dimension adds to domestic requirements. The Gradeall export case studies cover export operations from multiple countries and provide context on the international regulatory considerations that US exporters encounter alongside domestic EPA and state compliance requirements.

EPA Guidance Documents That Shape State Programs

The EPA has published several guidance documents on scrap tire management that, while not legally binding, shape how states develop and implement their tire management programs. The EPA’s Scrap Tire Management guidance documents cover best management practices for tire storage, processing, and transport, and provide the framework that most state tire programs use as their technical reference.

The EPA’s Tire-Derived Fuel guidance covers the use of tire bales and tire chips as fuel in industrial facilities, including the air emissions considerations and the regulatory classifications that apply to TDF combustion. Understanding this guidance helps US tire recyclers anticipate how regulatory changes to air emissions requirements might affect TDF market demand over time.

“The EPA guidance framework shapes what state regulators focus on, even when the guidance itself is not binding,” says Conor Murphy, Director of Gradeall International. “US operators who understand the EPA’s priorities, storage management, fire prevention, and proper processing, are better positioned in state permit applications and inspections than those who only know their immediate state requirements.”

Tire Bales and the Beneficial Use Determination

A significant regulatory question for US tire bale producers is whether their bales are classified as solid waste or as a product. Under RCRA, materials that are legitimately recycled and meet commodity standards can be classified as products rather than solid waste, which exempts them from solid waste regulatory requirements. This is the “beneficial use determination” question.

Tire bales sold for civil engineering applications, TDF, or crumb rubber feedstock are generally treated as products by most states once they have been produced to a recognized specification and are being transported for a legitimate end use. The practical benefit is that bale storage and transport under a product classification faces fewer regulatory restrictions than waste storage and transport. Confirm the specific beneficial use determination applicable to your bales with your state environmental agency.

For operations producing bales for civil engineering applications under PAS 108 or ASTM D6270 specification, documented compliance with a recognized standard supports the beneficial use argument. The Gradeall MKII Tire Baler produces bales to PAS 108 specification, providing the documented bale quality basis for beneficial use determinations in states that accept this approach.

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