PURPOSE: This rule contains the requirements for scrap tire end-user facility registrations.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

1. (1) Definitions. Definitions for key words used in this rule may be found in section 260.200, RSMo. Additional definitions specific to this rule are as follows:

   1. (A) A scrap tire end-user facility is a site where scrap tires are used as a fuel or fuel supplement or converted into a useable product and where no further processing of scrap tires takes place, as the term scrap tire processing facility is defined in 10 CSR 80- 8.050(1)(D).

   2. (B) A scrap tire is a tire that is no longer suitable for its original intended purpose because of wear, damage or defect.

      1. 1. A tire no longer suitable for its origi-

nal intended purpose due to wear is a tire with exposed cord or tread depth less than two thirty-seconds inch (2/32") when measured in any major groove.

1. 2. Any tire that is discarded with the

intent of final disposal is also a scrap tire.

1. 3. A cut tire, for the purposes of dispos-

al in a permitted solid waste disposal area, is a scrap tire cut in half circumferentially; sidewalls removed from tread; or cut into at least three (3) parts with no part being larger than approximately one-third (1/3) of the original tire’s size.

1. 4. A shredded or chipped tire, for the

purposes of disposal in a permitted solid waste disposal area, is a scrap tire that has been reduced to parts no larger than that defined in the definition of a cut tire.

1. (C) A passenger tire equivalent (PTE), for the purposes of calculating the amount of tires, equals twenty (20) pounds.

1. (2) General Requirements.

   1. (A) This rule is intended to provide minimum requirements for operation of a scrap tire end-user facility. If techniques other than those listed in this rule are to be used, it is the obligation of the scrap tire end-user facility owner/operator to demonstrate to the department in advance that the techniques to be employed will satisfy the requirements. Detailed facility and operational plans for the techniques shall be submitted to the department in writing and approved by the department in writing prior to being employed. The operations of a scrap tire end-user facility shall not result in pollution, a public nuisance or a health hazard. If these conditions exist, the facility shall be required to take any steps deemed necessary by the department to mitigate the conditions.
   2. (B) This rule shall pertain to whole, cut, shredded, baled or chipped scrap tires.
   3. (C) Underground storage of scrap tires requires a permit as a solid waste disposal area and shall comply with the requirements of 10 CSR 80.
   4. (D) The scrap tire end-user facility shall be in compliance with Chapters 643 and 644, RSMo and their regulations and Air Pollution Control Programs’ requirements.

2. (3) Applicability. This rule applies to:

   1. (A) A facility that burns scrap tires as tirederived fuel;
   2. (B) A facility which utilizes scrap tirederived materials in the manufacture of a product for resale;
   3. (C) A person who leases or owns real property using scrap tires on that property for soil erosion abatement and drainage purposes, to secure covers over silage, hay, straw or agricultural products or for recreational or structural purposes. Use of one hundred

3. (100) or more scrap tires in any form for the purposes listed in this paragraph shall:

   1. 1. Be part of an engineered structure and

properly held in place or anchored, as necessary. (Example methods of proper use of scrap tires are detailed in the Streambank Protection Guidelines prepared by the United States Army Engineer Waterways Experiment Station, Vicksburg, MS 39180, October 1983, 2nd Printing, October 1984, which by this reference is incorporated into this rule. This rule does not incorporate any subsequent amendments or additions.);

1. 2. Be approved first by the department;

the department may deny the request for end use based upon any previous violation of the Solid Waste Management Law and rules or if the applicant fails to establish that the end use will not result in pollution, a public nuisance or a health hazard.

1. A. The approval request must be in

writing and should contain at least the following information:

1. (I) A detailed description of the

intended use of the tires, how the tires are to be held in place and the maximum number of tires to be used;

1. (II) A detailed description of the

method(s) and procedure(s) to be used for vector control, if applicable;

1. (III) A detailed description of the

method(s) and procedure(s) to be used for fire protection, including prevention of the spread of fire to surrounding buildings and property, if applicable; and

1. (IV) Other information as deemed

necessary by the department; and

1. 3. Be agreed to in writing by the prop-

erty owner; and

1. (D) Any other facility that meets the definition of a scrap tire end-user facility in section (1) of this rule.

1. (4) Registration.

   1. (A) A person desiring to establish, maintain or operate a scrap tire end-user facility shall complete and submit to the department a Scrap Tire End User Registration Form which will be provided by the department. Facilities currently in existence at the effective date of this rule shall register with the department within thirty (30) days of the effective date of this rule.
   2. (B) A person who leases or owns real property using less than one hundred (100) scrap tires on that property to secure cover over silage, hay, straw or agricultural products is not required to register as an end user.
   3. (C) The completed registration form shall be sent by certified mail to the Missouri Department of Natural Resources, Solid Waste Management Program, PO Box 176, Jefferson City, MO 65102-0176.

2. (5) Inventory and Storage.

   1. (A) The inventory of unprocessed scrap tires on the premises of the facility shall not exceed the amount that can be used in six (6) months of normal and continuous operation. This amount shall be based on the volume of tires used by the facility in the last year or the manufacturer’s estimated capacity of the equipment used by the facility. The inventory of processed scrap tires on the premises of the facility shall not be more than twice the amount of unprocessed tires allowed by this rule.
   2. (B) The owner or operator of a scrap tire end-user facility shall provide written evidence from the local fire protection agency that indoor and outdoor storage of whole or processed scrap tires complies with the currently applicable local or state fire protection standards, or the scrap tire end-user facility must comply with the 2006 International Fire Code, published by the International Code Council, Inc., 4051 W. Flossmoor Road, Country Club Hills, IL, 60478-5795, copyright 2006, which by this reference is incorporated into this rule. This rule does not incorporate any subsequent amendments or additions.

3. (6) Closure, Financial Assurance.

   1. (A) Exemptions. The following are not required to establish a closure plan and financial assurance instrument provided that pollution, a public nuisance or a health hazard is not created and provided the scrap tires are stored according to the requirements of section (5) of this rule: 10 CSR 80-8

      1. 1. Scrap tire end-user facilities that can

provide documentation that they maintain appropriate and adequate insurance coverage to ensure proper closure of the facility;

1. 2. Scrap tire end-user facilities that can

demonstrate that they have established a financial assurance instrument that is approved by another program within the department, and which includes provisions for the removal of whole and processed scrap tires, other solid waste, and plans for site restoration;

1. 3. Scrap tire end-user facilities with

demonstrated liquid assets greater than one (1) million dollars USD; or

1. 4. Scrap tire end-user facilities where no

further processing of scrap tires takes place, as the term scrap tire processing facility is defined in 10 CSR 80-8.050(1)(D).

1. (B) Closure plans and financial assurance instruments shall comply with 10 CSR 80- 8.050(7).

1. (7) Record Keeping Requirements. The owner/operator of a scrap tire end-user facility shall maintain the records required by this rule. All records required by this rule shall be kept for at least three (3) years following the end of the calendar year of such activity. The period of record retention extends upon the written request of the department or automatically during the course of any unresolved enforcement action regarding the regulated activity. The records shall be made available for inspection by the department or its designated representative upon request. The records shall include at least the following:

   1. (A) The number or weight of tires used, shipped or otherwise disposed of each month by the facility;
   2. (B) The number or weight of scrap tires received at the facility each month; and
   3. (C) The source of scrap tires received at the facility each month and permit number of that source and/or the hauler, if applicable.

AUTHORITY: sections 260.225, RSMo 2000 and 260.270, RSMo Supp. 2006.* Original rule filed April 16, 1997, effective Dec. 30, 1997. Amended: Filed Jan. 2, 2007, effective Sept. 30, 2007. *Original authority: 260.200, RSMo 1972, amended 1975, 1986, 1988, 1990, 1993, 1995 and 260.270, RSMo 1990, amended 1995, 2002, 2005.