PURPOSE: This rule provides a statewide plan for the use of moneys received under section 260.273, RSMo.

1. (1) Statewide Plan.

   1. (A) General. In combination with 10 CSR 80-9.035 Scrap Tire Cleanup Contracts, this is a statewide plan to implement section 260.273, RSMo.
   2. (B) Goals. The goals of the statewide plan are to reduce the number of scrap tires produced and encourage sustainable scrap tire markets for reuse, remanufacturing, and reprocessing of scrap tires; divert the stream of scrap tires from being landfilled or illegally dumped; and mitigate the adverse public health, welfare and environmental impacts of illegal scrap tire sites.

2. (2) Grant Types. The department may provide grants not to exceed forty-five percent (45%) of the monies received under section 260.273, RSMo, for the following grant types subject to financial resources, appropriations, eligibility requirements, and application priorities:

   1. (A) Demonstration grants may be available to pay testing costs required to demonstrate the technical and economic feasibility of utilizing scrap tire materials in the manufacture of a product, as tire-derived fuel, or as a fuel supplement. Grants may also be available for end use as shock absorbing scrap tire playground, running track material, or other eligible end uses as approved by the department; and
   2. (B) Capital expenditure grants may be available for equipment to convert/modify existing facilities for the purpose of using scrap tires as a fuel or fuel supplement; or for equipment to convert or modify existing facilities to manufacture products made from scrap tires.

3. (3) Eligibility.

   1. (A) This rule applies to any person located in Missouri involved in any activity funded under section (2) of this rule.
   2. (B) Applications for activities that, in the department’s professional judgment, would cause a public nuisance or environmental, safety, or health hazards, will be disqualified.
   3. (C) Grants will only be awarded for an activity which uses at least forty percent (40%) of its tires from Missouri scrap tire sites, retailers processors, or residents. The burden of proof shall be on the applicant to show that the eligibility requirements have been met.
   4. (D) Grants will not be awarded to activities for projects that result in the landfilling of scrap tires.

4. (4) Application Requirements for Grants. An application shall—

   1. (A) Be completed on forms provided by the department and include all required documentation;
   2. (B) Be received by the deadline established by the department to be eligible for funding; and
   3. (C) Include documentation to the department’s satisfaction that the use being proposed is an eligible use as described in sections (2) and (3) of this rule.
5. (5) Application Review and Evaluation. Applications will be reviewed for completeness and ranked according to the evaluation criteria established by the department with the advice of the Scrap Tire Advisory Group and in light of the goals as set forth in subsection (1)(B) of this rule.

6. (6) Grant Awards.

   1. (A) Prior to award of funding, the recipient shall—

      1. 1. Provide verification to the department that all appli-

cable federal, state, and local permits, approvals, licenses, or waivers required by law to implement the activity have been obtained or applied for; and

1. 2. Enter into a financial assistance agreement issued by

the department.

1. (B) Funds awarded by the department must be disbursed in accordance with the financial assistance agreement, the department’s general terms and conditions, special terms and conditions (if applicable), and applicable contracts.

1. (7) Costs and Record Keeping.

   1. (A) All general and special terms and conditions of the department applicable to the activity will be applicable to recipients of awards made available by this chapter; and
   2. (B) Persons eligible to receive grants through this rule shall comply with the department’s reporting requirements, financial assistance agreements and contracts, general and special terms and conditions, as well as any applicable federal, state, and local laws, permits, approvals, licenses, or waivers necessary to implement the activity.

AUTHORITY: sections 260.225, 260.273, and 260.276, RSMo 2016.* Emergency rule filed Oct. 5, 1992, effective Nov. 4, 1992, expired March 3, 1993. Original rule filed Oct. 5, 1992, effective June 7, 1993. Amended: Filed April 16, 1997, effective Dec. 30, 1997. Amended: Filed Jan. 2, 2007, effective Sept. 30, 2007. Amended: Filed April 13, 2018, effective Feb. 28, 2019. *Original authority: 260.225, RSMo 1972, amended 1975, 1986, 1988, 1990, 1993, 1995, 2015; 260.273, RSMo 1990, amended 1995, 1999, 2005, 2009, 2014; and 260.276, RSMo 1990, amended 1995, 2005, 2009.