Proposed Rule2026-05586
Protecting Public Health and Unleashing American Energy by Facilitating Scrap Tire Pile Cleanups
Primary source
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Published
March 23, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA or the Agency) is proposing to improve protection of public health and recover valuable energy and mineral resources by designating scrap tires, including previously abandoned scrap tires, that are combusted in cement kilns, as non-waste fuel. In addition, the EPA is proposing to revise the definition of established tire collection program to include abandoned scrap tires that are recovered for use as fuel so they can be managed the same as collected scrap tires. These proposed regulatory changes support several goals of the Resource Conservation and Recovery Act (RCRA) by facilitating the use of abandoned scrap tires as a non-waste fuel and ingredient in Portland cement manufacturing while simultaneously reducing risks to human health and addressing environmental harms caused by tire piles. These proposed revisions are amendments to the Non-Hazardous Secondary Materials (NHSM) regulations, which establish standards and procedures for identifying whether non- hazardous secondary materials are solid wastes when legitimately used as fuels or ingredients in combustion units.
Full Text
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<title>Federal Register, Volume 91 Issue 55 (Monday, March 23, 2026)</title>
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[Federal Register Volume 91, Number 55 (Monday, March 23, 2026)]
[Proposed Rules]
[Pages 13804-13811]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-05586]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 241
[EPA-HQ-OLEM-2025-1609; FRL-12828-01-OLEM]
RIN 2050-AH44
Protecting Public Health and Unleashing American Energy by
Facilitating Scrap Tire Pile Cleanups
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA or the Agency) is
proposing to improve protection of public health and recover valuable
energy and mineral resources by designating scrap tires, including
previously abandoned scrap tires, that are combusted in cement kilns,
as non-waste fuel. In addition, the EPA is proposing to revise the
definition of established tire collection program to include abandoned
scrap tires that are recovered for use as fuel so they can be managed
the same as collected scrap tires. These proposed regulatory changes
support several goals of the Resource Conservation and Recovery Act
(RCRA) by facilitating the use of abandoned scrap tires as a non-waste
fuel and ingredient in Portland cement manufacturing while
simultaneously reducing risks to human health and addressing
environmental harms caused by tire piles. These proposed revisions are
amendments to the Non-Hazardous Secondary Materials (NHSM) regulations,
which establish standards and procedures for identifying whether non-
hazardous secondary materials are solid wastes when legitimately used
as fuels or ingredients in combustion units.
DATES: Comments must be received on or before May 22, 2026.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OLEM-2025-1609 by any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>
(our preferred method). Follow the online instructions for submitting
comments.
<bullet> Mail: U.S. Environmental Protection Agency, EPA Docket
Center, OLEM Docket, Mail code 28221T, 1200
[[Page 13805]]
Pennsylvania Avenue NW, Washington, DC 20460.
<bullet> Hand Delivery or Courier (by scheduled appointment only):
EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution
Avenue NW, Washington, DC 20004. The Docket Center's hours of operation
are 8:30 a.m.-4:30 p.m., Monday-Friday (except Federal Holidays).
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>, including any personal information
provided. We encourage the public to submit comments via <a href="https://www.regulations.gov/">https://www.regulations.gov/</a> or email, as there may be a delay in processing
mail and faxes. Hand deliveries and couriers may be received by
scheduled appointment only. For further information on EPA Docket
Center services and the current status, please visit us online at
<a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT: Brian Knieser, Office of Resource
Conservation and Recovery, Waste Identification, Notice, and Generators
Division, Mail code 5303T, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202)
566-0516; email address: <a href="/cdn-cgi/l/email-protection#1d767374786e786f337f6f747c735d786d7c337a726b"><span class="__cf_email__" data-cfemail="0b6065626e786e79256979626a654b6e7b6a256c647d">[email protected]</span></a>, or Paul Diss, Office of
Resource Conservation and Recovery, Waste and Chemical Implementation
Division, Mail code 5303T, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460; telephone number (202) 566-
0321; email address: <a href="/cdn-cgi/l/email-protection#680c011b1b4618091d04280d1809460f071e"><span class="__cf_email__" data-cfemail="284c415b5b0658495d44684d5849064f475e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The following outline is provided to aid in
locating information in this preamble.
Table of Contents
I. General Information
A. List of abbreviations and acronyms used in this proposed rule
B. What is the statutory authority for this proposed rule?
C. Does this proposed rule apply to me?
II. Background
A. Background on Scrap Tires
B. History of Scrap Tires and the NHSM Regulations
III. Proposed Changes to the NHSM Rules Regarding Recovered Scrap
Tires
A. Proposed Categorical Non-Waste Determination for Recovered
Scrap Tires Combusted in Cement Kilns
B. Proposed Revision to the Definition of ``Established Tire
Collection Programs''
C. Request for Comment
IV. Effects of This Proposed Rule on Other Programs
V. State Authority
A. Relationship to State Programs
B. State Adoption of the Rulemaking
VII. Costs and Benefits
VIII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Executive Order 14192: Unleashing Prosperity Through
Deregulation
C. Paperwork Reduction Act (PRA)
D. Regulatory Flexibility Act (RFA)
E. Unfunded Mandates Reform Act (UMRA)
F. Executive Order 13132: Federalism
G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
H. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
J. National Technology Transfer and Advancement Act (NTTAA)
I. General Information
A. List of Abbreviations and Acronyms Used in This Proposed Rule
Btu British thermal unit
CAA Clean Air Act
CFR Code of Federal Regulations
CISWI Commercial and Industrial Solid Waste Incinerator
EPA U.S. Environmental Protection Agency
FR Federal Register
HAP Hazardous air pollutants
NAICS North American Industrial Classification System
NESHAP National emission standards for hazardous air pollutants
NHSM Non-hazardous secondary material
OMB Office of Management and Budget
RCRA Resource Conservation and Recovery Act
RIN Regulatory information number
SBA Small Business Administration
TDF Tire-Derived Fuel
U.S.C. United States Code
B. What is the statutory authority for this proposed rule?
The EPA is proposing revisions to the NHSM regulations found at 40
CFR part 241 under the authority of sections 2002(a)(1) and 1004(27) of
the Resource Conservation and Recovery Act (RCRA), as amended, 42
U.S.C. 6912(a)(1) and 6903(27). Section 2002(a)(1) of RCRA authorizes
the EPA to promulgate regulations as are necessary to carry out its
functions under the Act. The statutory definition of ``solid waste'' is
stated in RCRA section 1004(27).
Section 129(a)(1)(D) of the Clean Air Act (CAA) directs the EPA to
establish standards for Commercial and Industrial Solid Waste
Incinerators (CISWIs). Section 129(g)(6) of the CAA provides that the
term ``solid waste'' shall have the meanings established by the
Administrator pursuant to RCRA (42 U.S.C. 7429(g)(6)). Further, unless
directed otherwise by statute, the Agency is generally free to
reconsider policy positions and to revise or rescind prior actions
provided that it acknowledges the change in position, provides a
reasonable explanation for the new position, and considers reasonable
reliance interests on the prior position.\1\
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\1\ See e.g., FDA v. Wages & White Lion Invs., LLC, 145 S. Ct.
898 (2025); FCC v. Fox TV Stations, Inc., 556 U.S. 502 (2009); Clean
Air Council v. Pruitt, 862 F.3d 1, 8 (D.C. Cir. 2017) (``Agencies
obviously have broad discretion to reconsider a regulation at any
time.'').
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C. Does this proposed rule apply to me?
Categories and entities potentially affected by this action, either
directly or indirectly, include, but may not be limited to, the cement
manufacturing industry (North American Industrial Classification System
(NAICS) code 32731). In addition, waste management and remediation
services (NAICS 562) may also be affected. Other types of entities not
listed could also be affected. To determine whether your facility,
company, business, organization, etc., is affected by this action, you
should examine the applicability criteria in this rule. If you have any
questions regarding the applicability of this action to a particular
entity, consult the people listed in the FOR FURTHER INFORMATION
CONTACT section.
II. Background
A. Background on Scrap Tires
Scrap tires are tires that have reached the end of their useful
life and are no longer suitable for their original intended purpose.
The U.S. Tire Manufacturers Association estimates there were 264
million end-of-life tires generated in 2023. Of these tires, 207
million (79%) were recycled or used as fuel. Tire fuel markets include
43 million tires going to cement manufacturing, 31 million to pulp and
paper mills, and 11 million to electric utilities.
Not all scrap tires have been managed appropriately. At the peak of
the tire pile issue in the 1990s, the US Tire Manufacturers Association
(USTMA) estimated there were a billion abandoned scrap tires in piles
across the United States. Thanks to concerted and sustained efforts by
states, EPA Regions, and industry, USTMA estimates that number has been
reduced to about 48 million as of 2023. This represents a steep
reduction of about 95 percent since the 1990s.\2\
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\2\ U.S. Tire Maufactures Association 2023 End-of-Life Tire
Management Report: <a href="https://www.ustires.org/system/files/2024-10/USTMA%27s%202023End-of-Life%20tire%20Management%20Report.pdf">https://www.ustires.org/system/files/2024-10/USTMA%27s%202023End-of-Life%20tire%20Management%20Report.pdf</a>.
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[[Page 13806]]
Abandoned scrap tires are discarded material. They have been placed
in open dumps in numerous locations across the country and the
resulting piles contribute to the national solid waste management
problem due to the threat of fires and because they provide an ideal
breeding ground for mosquitoes and rodents.\3\ Despite substantial
reduction in recent years, the remaining abandoned scrap tires continue
to present risks to human health and the environment.
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\3\ 75 FR 31875, June 4, 2010.
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Scrap tire piles present a substantial fire risk which can cause
adverse impacts on human health and the environment. There are many
documented incidents where scrap tire piles have caught fire. Once
alight, such fires are difficult to extinguish. Tires are highly
combustible and capable of sustained combustion because of their
chemical composition and hollow structure that facilitates airflow.
Abandoned tire piles are often located in areas that are hard for first
responders to access and can require specialized equipment to fully
extinguish, leading to long initial response times.\4\ Additionally, as
tires burn, they produce thick, oily residue that can re-ignite even
after initial suppression. This means tire fires can smolder
underground or beneath debris for weeks or even months, requiring
significant effort, specialized foam, and large volumes of water to
fully extinguish.\5\ Fumes from burning tires can harm nearby residents
and emergency responders in a variety of short- and long-term ways,
ranging from irritation of the skin, eyes, and mucous membranes;
central nervous system effects; depression; respiratory effects; and
cancer.\6\
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\4\ US EPA. Illegal Dumping Prevention Guide. June 2025. EPA
Publication 905B25001: <a href="https://www.epa.gov/system/files/documents/2025-08/epa_r5_illegal-dumping-prevention-guide_508.pdf">https://www.epa.gov/system/files/documents/2025-08/epa_r5_illegal-dumping-prevention-guide_508.pdf</a>.
\5\ ehttps://<a href="http://www.actenviro.com/tire-fire/">www.actenviro.com/tire-fire/</a>.
\6\ EPA 1997. Air Emissions from Scrap Tire Combustion, EPA-600/
R-97-115, October 1997
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They also increase disease risk to nearby communities. Rainwater
collects inside abandoned tires and provides a breeding ground for
mosquitoes, which can transmit illnesses like West Nile virus, which
causes West Nile fever, and Eastern Equine Encephalitis virus, which
causes encephalitis.<SUP>7 8</SUP> Abandoned tires also provide an
ideal habitat for other pests like rodents which can carry numerous
bacterial and viral diseases like leptospirosis and hantavirus.\9\
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\7\ Ohio State University Extension, ``West Nile Virus,''
accessed September 2, 2025, <a href="https://ohioline.osu.edu/factsheet/WNV-1004">https://ohioline.osu.edu/factsheet/WNV-1004</a>.
\8\ CDC, ``About Eastern Equine Encephalitis,'' accessed
February 6, 2026. <a href="https://www.cdc.gov/eastern-equine-encephalitis/about/index.html">https://www.cdc.gov/eastern-equine-encephalitis/about/index.html</a>.
\9\ CDC, ``Controlling Wild Rodent Infestations,'' accessed
December 21, 2025. <a href="https://www.cdc.gov/healthy-pets/rodent-control/index.html">https://www.cdc.gov/healthy-pets/rodent-control/index.html</a>.
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This proposed rule will address the threats to human health and the
environment described above. The EPA intends this rule to facilitate
recovery of abandoned scrap tires; reducing the number of abandoned
tires through resource recovery is an important strategy to reduce the
health and environmental risks they pose.
B. History of Scrap Tires and the NHSM Regulations \10\
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\10\ The following information is provided for the readers'
convenience and general context. Except as expressly described in
this document, EPA is not reopening, and will not respond to
comments on, other provisions of the NHSM regulations.
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The NHSM regulations establish standards and procedures for
identifying whether non-hazardous secondary materials (NHSM) are solid
wastes or are legitimately used as non-waste fuels or ingredients when
combusted. The RCRA statute defines in relevant part a ``solid waste''
as ``any garbage, refuse, sludge from a waste treatment plant, water
supply treatment plant, or air pollution control facility and other
discarded material.. . . resulting from industrial, commercial, mining,
and agricultural operations, and from community activities . . .''
(RCRA section 1004(27) (emphasis added), 42 U.S.C. 6903(27)).
The meaning of ``solid waste,'' as defined under RCRA, is of
particular importance as it relates to section 129 of the CAA (42
U.S.C. 7429). CAA section 129 states that the term ``solid waste''
shall have the meaning ``established by the Administrator pursuant to
the Solid Waste Disposal Act'' (Id. at 7429(g)(6)).\11\ If a material
is solid waste under RCRA, a combustion unit burning the waste material
is required to meet the applicable CAA section 129 emission standards
for solid waste incineration units. If the material is not solid waste,
the combustion unit is required to meet the applicable CAA section 112
emission standards.
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\11\ The Solid Waste Disposal Act, as amended, is commonly
referred to as RCRA.
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The Agency first solicited comment on whether and when secondary
materials should be defined as solid waste when used as fuels or
ingredients in combustion units in an advanced notice of proposed
rulemaking (ANPRM), which was published in the Federal Register on
January 2, 2009 (74 FR 41). The EPA considered the responses to the
ANPRM and published the proposed NHSM rule on June 4, 2010 (75 FR
31844). The EPA issued the final NHSM rule on March 21, 2011 (76 FR
15456).
i. Solid Waste Identification and Legitimacy Criteria
In the final NHSM rule, the EPA codified standards and procedures
to be used to identify whether an NHSM is solid waste when used as a
fuel and/or ingredient in a combustion unit. As part of this process,
EPA codified the legitimacy criteria, determined certain categories of
NHSM are non-waste fuel when combusted (including scrap tires from
scrap tire collection programs), and discussed processing scrap tires
into tire-derived fuel (TDF). The final rule codified several
definitions in 40 CFR 241.2. ``Secondary material'' is defined as ``any
material that is not the primary product of a manufacturing or
commercial process, and can include post-consumer material, off-
specification commercial chemical products or manufacturing chemical
intermediates, post-industrial material, and scrap.'' ``Non-hazardous
secondary material'' is defined as ``a secondary material that, when
discarded, would not be identified as a hazardous waste . . .'' under
the RCRA Subtitle C hazardous waste regulations found at 40 CFR part
261. Per 40 CFR 241.3(a), an NHSM, including post-consumer materials,
is solid waste when combusted, unless it is determined to be non-waste
fuel or ingredient.
The codified legitimacy criteria ensure that NHSM fuels are used to
replace other energy resources and are not simply being discarded
through combustion (i.e., via sham recycling). NHSM used as non-waste
fuel in a combustion unit must meet the legitimacy criteria specified
in 40 CFR 241.3(d)(1) to be legitimately combusted as non-waste fuel.
To meet the legitimacy criteria for non-waste fuel, the NHSM must: (1)
be managed as a valuable commodity, (2) have a meaningful heating value
and be used as a fuel in a combustion unit that recovers energy; and
(3) contain contaminants or groups of contaminants at concentration
levels comparable to (or lower than) those in traditional fuels which
the combustion unit is designed to burn.
ii. Categorical Non-Waste Determinations
In the final NHSM rule, the EPA determined that several categories
of NHSM are non-waste fuel when combusted. The EPA evaluated the
characteristics, impacts, and potential
[[Page 13807]]
uses of several common secondary materials used as fuel in combustion
units in making those determinations. These categorical non-waste
determinations are listed at 40 CFR 241.4(a)(1)-(10). EPA made the
categorical determination that scrap tires managed in an established
tire collection program and burned for energy recovery are non-waste
fuel. They were deemed to meet the legitimacy criteria for use as fuel
discussed above. First, EPA determined that tire collection programs
manage the scrap tires they collect as a valuable commodity. This
criterion ensures that the NHSM is managed in a manner consistent with
an analogous fuel or is otherwise adequately contained to prevent
releases to the environment. Management as a valuable commodity is both
an indication that no discard is occurring and accords with statutory
safeguards by preventing disposal. Second, EPA found that scrap tires
meet the requirement for meaningful heating value, in that scrap tires
have a higher heating value (12,000-16,000 Btu/lb) than the replacement
fuel, coal (11,000-13,000 Btu/lb).\12\ Third, EPA concluded that scrap
tires have comparable (or lower) levels of contaminants as compared to
the traditional fuel it is replacing.\13\ See 76 FR 15456-15491.
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\12\ EPA 2008 Materials Characterization Paper--Scrap Tires,
December 17, 2008, EPA-HQ-RCRA-2008-0329-0239. <a href="https://www.regulations.gov/document/EPA-HQ-RCRA-2008-0329-0239">https://www.regulations.gov/document/EPA-HQ-RCRA-2008-0329-0239</a>.
\13\ Global Efficiency Intelligence. June 2023 Emissions impacts
of alternative fuels combustion in the cement industry. <a href="https://www.globalefficiencyintel.com/emissions-impacts-of-alternative-fuels-combustion-in-the-cement-industry">https://www.globalefficiencyintel.com/emissions-impacts-of-alternative-fuels-combustion-in-the-cement-industry</a>.
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For the purposes of defining solid waste whose combustion is
subject to CAA section 129 standards, categorical non-waste
determinations apply at the point of combustion when an NHSM is burned
as fuel or ingredient. EPA's categorical non-waste determinations
recognize that combustion of specific NHSMs for energy recovery is use
akin to combustion of traditional fuel product, as opposed to the
incineration of solid waste as a means of disposal. In summary, the
Agency considered (i) whether the NHSM had been discarded in the first
instance, (ii) the legitimacy criteria for the respective fuel and,
(iii) if the material had been discarded, whether it had been
sufficiently processed such that EPA could determine that the
combustion of the legitimate non-waste NHSM fuel was not a form of
discard or disposal. If EPA determines that an NHSM is a legitimate
non-waste fuel, then facilities that combust this material do not fall
under the CAA Section 129 requirements and that CAA Section 112 permit
holders must perform appropriate compliance obligations.
iii. Processing NHSM Into Fuel
The 2011 NHSM final rule also discussed the processing of NHSM into
legitimate fuel. Most types of discarded NHSM cannot function, from a
practical perspective, as legitimate fuel as-is and must first be
processed in order to recover a legitimate non-waste fuel. Processing
as defined in 40 CFR 241.2 includes, but is not limited to, operations
necessary to remove or destroy contaminants, significantly improve the
fuel characteristics of the material, e.g., sizing or drying the
material in combination with other operations, chemically improve the
as-fired energy content, or improve the ingredient characteristics.
Minimal operations that result only in modifying the size of the
material by shredding do not constitute processing for purposes of this
definition.
In making a determination that an NHSM is a categorical non-waste
fuel to be identified in 40 CFR 241.4, the Agency can take into
consideration relevant factors specific to the particular NHSM
regarding the degree of processing needed to render a discarded
material into a non-waste fuel. In particular, heterogeneous wastes
such as construction and demolition (C&D) debris require a great deal
of processing to ensure that legitimate non-waste fuel (clean wood) has
been fully recovered from the discarded material. See 40 CFR
241.4(a)(5) for a description of best management practices that C&D
waste processors must follow to recover non-waste C&D wood. For coal
refuse recovered from legacy piles a type of NHSM, the same manner of
processing that is needed for currently generated coal refuse is enough
for the recovered NHSM to be considered non-waste fuel. See 40 CFR
241.4(a)(3).
In another example, the categorical non-waste designation for
resinated wood used as fuel in a combustion unit, found at 40 CFR
241.4(a)(2), has no explicit processing requirement or any other
limiting provisions in the regulations because it is not discarded. The
EPA acknowledged that resinated wood may be processed before being
combusted as non-waste fuel (e.g., by chipping or hogging) but also
stated that such processing is not necessary for the resinated wood to
be considered non-waste fuel. (76 FR 15500.) The non-waste
determination was thus made in part due to the EPA's finding that the
management of the resinated wood under the conditions described does
not constitute discard, noting that ``resinated wood residuals are
routinely transferred between either intra- or inter- company
facilities and used as either ``furnish'' (i.e., raw materials) or fuel
at the receiving facilities. The material being transferred off-site is
used and handled in the same manner that resinated wood residuals are
used when generated onsite (such that it is impossible to distinguish
between materials that are being used as a raw material and those that
are being used as a fuel.)'' (76 FR 15472.).
iv. Scrap Tires From Tire Collection Programs Versus Abandoned Scrap
Tires
Similarly, the EPA made a finding that scrap tires that are managed
under the oversight of established tire collection programs are not
discarded and can be combusted as non-waste fuel without processing
(see 40 CFR 261.4(a)(1)). The 2011 final NHSM rule explicitly states
that cement kilns may combust whole tires as non-waste fuel without
processing as long as these tires are sourced from established tire
collection programs. ``In particular, cement kilns operate at much
higher temperatures and need, not only the fuel from the tires, but
also the noncombustible portions in order to produce cement clinker,
creating a strong market for this type of beneficial use. Whole tires
removed from vehicles under established tire collection programs still
meet the legitimacy criteria when replacing traditional fuel sources
(e.g., coal) in cement kilns due to the contaminant levels and
combustion properties.'' (76 FR 15535.) In contrast, where tires are
discarded in the first instance (e.g., abandoned scrap tires),
sufficient processing is needed before they are considered non-waste
fuel. In response to public comment, the EPA said that it ``sympathizes
with the commenters' concern that the processing requirement could have
the effect of applying different standards to identical materials, such
as scrap tires.'' The EPA went on to explain that ``[o]nce the material
has been discarded--thrown into waste piles or on stacks--there is no
choice. Something other than mere recycling must happen to the material
before it may lose its waste designation.'' (76 FR 15476.) The preamble
to the 2011 final rule stated that TDF that has been chipped/shredded,
sorted, and dewired (or at least 90% wire free) would be considered
sufficiently processed, but other standards may apply to specific
[[Page 13808]]
units.\14\ Subsequent EPA guidance noted that cement kilns can manage
TDF with less metal removal because kilns utilize metal contained in
scrap tires as a component in their manufacturing process. Under
current EPA guidance, metal removal as low as 2-10 percent may be
considered a sufficient alternative processing goal when discarded
scrap tires are burned in a cement kiln.\15\
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\14\ 76 FR 15456, March 21, 2011 (page 15498).
\15\ EPA 2020. Fact Sheet on Non-Hazardous Secondary Materials
Determinations and Scrap Tires. EPA 530-F-20-008, December 2020.
<a href="https://www.epa.gov/sites/default/files/2020-12/documents/scrap_tire_fact_sheet_dec_2020_v2.pdf">https://www.epa.gov/sites/default/files/2020-12/documents/scrap_tire_fact_sheet_dec_2020_v2.pdf</a>.
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In summary, under the existing regulations, tires that are
abandoned or have otherwise been discarded cannot be combusted as non-
waste fuel without first being sufficiently processed per the
definition of ``processing'' in 40 CFR 241.2. In contrast, tires that
are managed in an established tire collection program are not
considered discarded and can be managed as non-waste fuel when
combusted whole or simply shredded without metal removal before
combustion per the categorical non-waste determination in 40 CFR
241.4(a)(1).
v. 2013 Amendment to the NHSM Rules
On February 7, 2013, the EPA amended the NHSM rules to ``clarify
several provisions in order to implement the non-hazardous secondary
materials rule as the agency originally intended.'' (78 FR 9112.) Among
other changes, the EPA issued a revised definition of ``established
tire collection program'' in order to account for ``off-specification''
(including factory scrap) tires that are contractually arranged to be
collected, managed, and transported between a tire manufacturer
(including retailers or other parties involved in the distribution and
sale of new tires) and a combustor, which is analogous to how scrap
tires removed from vehicles are managed. The EPA also revised the
definition to specifically include tires that were not abandoned and
were received from the general public at tire collection program
events. Following the promulgation of the NHSM rules and their non-
waste determinations, the regulations were upheld by the D.C. Circuit
in Solvay USA Inc. v. EPA, 608 F. App'x 10 (D.C. Cir. 2015).
Note that the EPA is summarizing this background information for
the reader's convenience and is not reopening or asking for comment on
the original non-waste determination for scrap tires.
III. Proposed Changes to the NHSM Rules Regarding Recovered Scrap Tires
A. Proposed Categorical Non-Waste Determination for Recovered Scrap
Tires Combusted in Cement Kilns
i. Recovered Scrap Tires as Non-Waste Fuel
The EPA is proposing that scrap tires, including abandoned scrap
tires that are recovered, are a categorical non-waste fuel when managed
as a valuable commodity and combusted as fuel in cement kilns.
Abandoned scrap tires that are recovered are largely physically and
chemically identical to whole scrap tires collected by established tire
collection programs. The categorical non-waste determination in 40 CFR
241.4(a)(1) applies only to collected scrap tires and excludes
abandoned tires based on their origin instead of physical or chemical
properties of the material. Both types of scrap tires have equivalent
thermal values and contain iron wire that has utility in cement kilns.
This proposed determination would have the effect of regulating
recovered and collected scrap tires identically when they are managed
as a valuable commodity and destined for use as fuel in cement
manufacturing. It would also allow recovered scrap tires to be managed
as non-waste fuel outside of established tire collection programs (as
amended in today's proposal) when used as fuel in cement kilns. Given
that ``it is `eminently reasonable to treat materials that are
indistinguishable' from virgin materials as non-waste fuel,'' the EPA's
proposed determination on abandoned tires will reasonably allow
otherwise indistinguishable scrap tires to be regulated the same way
when combusted as fuel in cement kilns. See Solvay USA Inc. v. EPA, 608
F. App'x 10, 13 (D.C. Cir. 2015) (quoting Safe Food & Fertilizer v.
EPA, 350 F.3d 1263, 1269 (D.C. Cir. 2003)).
This proposed categorical non-waste determination at 40 CFR
241.4(a)(11) would apply to previously abandoned scrap tires only when
they are recovered and managed as a valuable commodity from the point
of recovery onward to the cement kiln, thus ensuring that the first
legitimacy criterion is met. Recovered scrap tires have a meaningful
heating value that is comparable to virgin coal in cement kilns \16\
and contain contaminants at levels comparable in concentration to or
lower than those in traditional fuels like coal, satisfying the second
and third legitimacy criteria discussed in the Background section.
Replacing traditional fuels with scrap tires may also offer benefits
such as reduced emissions for select contaminants like nitrogen oxides,
sulfur dioxide, and particulate matter.<SUP>17 18</SUP> Furthermore,
this rule will conserve virgin materials such as coal and iron by
partially supplementing their use as fuel and ingredients in clinker
manufacturing. In turn, this will potentially reduce the upstream
environmental and economic costs of extracting these resources and
transporting them to cement kilns. In summary, the EPA is proposing
that recovered scrap tires categorically satisfy the legitimacy
criteria for NHSM non-waste fuel because of their physical and chemical
characteristics, comparability to coal as the analogous fuel, and
supply chain practices that ensure scrap tires will be managed as a
valuable commodity.
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\16\ U.S. Energy Information Administration. Manufacturing
Energy Consumption Survey (MECS). Accessed March 10, 2026. <a href="https://www.eia.gov/consumption/manufacturing/data/2018/">https://www.eia.gov/consumption/manufacturing/data/2018/</a>.
\17\ EPA. (2008). Materials Characterization Paper--Scrap Tires,
December 17, 2008, EPA-HQ-RCRA-2008-0329-0239. <a href="https://www.regulations.gov/document/EPA-HQ-RCRA-2008-0329-0239">https://www.regulations.gov/document/EPA-HQ-RCRA-2008-0329-0239</a>.
\18\ Global Efficiency Intelligence. June 2023 Emissions impacts
of alternative fuels combustion in the cement industry. <a href="https://www.globalefficiencyintel.com/emissions-impacts-of-alternative-fuels-combustion-in-the-cement-industry">https://www.globalefficiencyintel.com/emissions-impacts-of-alternative-fuels-combustion-in-the-cement-industry</a>.
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For the reasons outlined above, the EPA is exercising its
regulatory authority to define solid waste to reasonably accomplish the
objectives of the statute described in RCRA section 1002. This includes
a national policy to promote the protection of health and the
environment and to conserve land, valuable material, and energy
resources. Reducing the volume of abandoned tires will have other
substantial benefits through reducing human health risks posed by fire,
smoke, and disease, especially in rural, Tribal, and economically
disadvantaged areas.\19\ The tire pile clean-up process will also
require the action of the tire recycling community, operators along the
supply chain, the cement kiln industry, and the states. The EPA is
proposing this categorical non-waste determination in an effort to
facilitate actions by these stakeholders to address the tire pile
problem.
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\19\ US EPA. Illegal Dumping Prevention Guide. June 2025. EPA
Publication 905B25001: <a href="https://www.epa.gov/system/files/documents/2025-08/epa_r5_illegal-dumping-prevention-guide_508.pdf">https://www.epa.gov/system/files/documents/2025-08/epa_r5_illegal-dumping-prevention-guide_508.pdf</a>.
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ii. Revising the Amount of Processing Required for Scrap Tires To Be
Considered Non-Waste Fuel When Combusted
In addition to their properties as fuel, previously abandoned scrap
tires, like
[[Page 13809]]
collected scrap tires, contain small amounts of metals (primarily iron)
which are useful ingredients in the cement production process.\20\
Because the current regulations require a meaningful degree of wire
removal for previously abandoned tires to be considered a non-waste
fuel, processing into TDF results in the removal of ingredients useful
to cement kilns that burn scrap tires. However, despite the advantages
of using whole tires and shredded tires still containing wire as inputs
into cement kilns, the 2011 NHSM final rule omitted abandoned scrap
tires from the types of tires that may be combusted as non-waste fuel
when collected by an established tire collection program. The result is
that recovered scrap tires still require extensive processing into tire
derived fuel before use as non-waste fuel. This distinction has
resulted in an unnecessary and unreasonable processing requirement that
exceeds the degree of processing needed to render the material useful
in cement kilns. Processing whole tires into TDF requires a significant
amount of time and resources to shred and de-wire.\21\ Hogging or
shredding tires requires specialized equipment and often involves
transport to and from off-site processing facilities adding further
time, labor, logistics costs, and environmental impacts. The current
regulatory framework has disincentivized the use of recovered scrap
tires as fuel in cement kilns by requiring extensive processing to be
regulated as non-waste fuel.
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\20\ European Cement Research Academy (ECRA). 2016. Technical
Report A-2016/1039. Evaluation of the energy performance of cement
kilns in the context of co-processing. <a href="https://cembureau.eu/media/oyahklgk/12042-ecra-energy-performance-cement-kilns-2017-10-15.pdf">https://cembureau.eu/media/oyahklgk/12042-ecra-energy-performance-cement-kilns-2017-10-15.pdf</a>.
\21\ CM Shredders. Starting a scrap tire business 101. CM
Shredders. <a href="https://cmshredders.com/tire-recycling-business/starting-a-scrap-tire-business-101/">https://cmshredders.com/tire-recycling-business/starting-a-scrap-tire-business-101/</a>.
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The EPA is now proposing to change its position regarding the
extent to which abandoned tires must be processed to be regulated as
non-waste fuel when combusted in cement kilns or managed in an
established tire collection program based on the characteristics of the
tires and other relevant factors discussed above. The EPA proposes that
these tires may be considered a non-waste fuel and satisfy the
definition of ``processing'' in 40 CFR 241.2 which states, ``Processing
includes, but is not limited to, operations necessary to: Remove or
destroy contaminants; significantly improve the fuel characteristics of
the material . . .'' Abandoned tires may satisfy the definition of
processing through the recovery process which typically includes
physically removing them from the location where they were abandoned,
removing and/or ensuring the absence of contaminants like other solid
waste that may be dumped alongside or commingled, and removing and/or
ensuring the absence of large-scale contamination by soil and organic
material. Such processing ensures that recovered scrap tires are
equivalent to collected scrap tires when managed in an established tire
collection program or combusted in cement kilns. The EPA's proposal
would eliminate the need to process via shredding and dewiring, which
is currently required for previously abandoned scrap tires prior to
combustion as non-waste fuel. Shredding may be used to make them more
amendable for use as fuel, but it would not be required to meet the
definition of processing. These proposed changes would remove
regulatory inconsistency for both industry and regulatory authorities
charged with applying the NHSM rules at regulated facilities with
respect to all scrap tires, simplify implementation of tire pile clean-
ups, reduce compliance burden, and add flexibility for state programs
to address their abandoned scrap tire piles. As scrap tires can be
legitimately combusted whole in cement kilns, they do not require
extensive processing to render their material valuable, and previously
abandoned scrap tires are largely identical to collected tires, EPA
expects these changes to result in the health and economic benefits
described above.
Lastly, this rule will also have upstream benefits by reducing the
virgin materials required for cement manufacturing. The mining,
processing, and transportation of these resources have notable
environmental and economic impacts. These processes create substantial
amounts of waste and release atmospheric pollutants. Energy resources
like coal can also be used instead for applications like energy
generation and steel manufacturing. This proposed rule will partially
supplement these virgin resources with previously abandoned scrap tires
advancing the resource conservation and recovery goals congress
codified in RCRA.
B. Proposed Revision to the Definition of ``Established Tire Collection
Programs''
In addition to proposing a new categorical non-waste determination
for scrap tires recovered for use as fuel in cement kilns, the EPA is
proposing to revise the definition of ``established tire collection
program,'' referenced in the categorical exclusion contained in
241.4(a)(1), to include programs that recover abandoned scrap tires and
ensure that the recovered tires are not discarded after their recovery.
An established tire collection program is currently defined in the
regulations as a comprehensive collection system or contractual
arrangement that ensures scrap tires are not discarded after collection
and are handled as valuable commodities through arrival at the
combustion facility. Currently, such programs are allowed to manage
whole scrap tires that are removed from vehicles as non-waste fuel,
off-specification tires, and tires that were received from the general
public at collection program events (see 40 CFR 241.2 and 40 CFR
241.4(a)(1)). The current definition excludes the management of
abandoned tires, and therefore abandoned tires must instead be
processed into TDF in accordance with the requirements of 40 CFR 241.3
to be considered non-waste fuel.
The EPA is proposing that abandoned scrap tires will no longer need
to be shredded or dewired to meet the processing criteria to be
considered non-waste fuel when managed through an established tire
collection program and sent to a combustion facility. Because whole
abandoned scrap tires would no longer be solid waste when recovered, an
established tire collection program would be able to manage recovered
scrap tires no differently than it does the un-discarded scrap tires it
collects. Whether the collection program shreds recovered tires or
sends them whole as non-waste fuel to combustion facilities, the tire
collection program would meet the definition in 40 CFR 241.2 and
legitimacy criteria in 40 CFR 241.3(d)(1)(i) by ensuring that the
recovered tires are managed as a valuable commodity and are not
discarded after collection. Therefore, this proposal to amend the
definition of established tire collection program to include previously
abandoned scrap tires would mean that the categorical non-waste
determination at 40 CFR 241.4(a)(1) would apply to previously abandoned
scrap tires collected in an established tire collection program.
Thus, the proposed definition in 40 CFR 241.2 of an established
tire collection program will read ``a comprehensive collection system
or contractual arrangement that ensures scrap tires are not discarded
after collection and are handled as valuable commodities through
arrival at the combustion facility. This can include scrap tires that
were received from the general public at collection program events and
previously abandoned scrap
[[Page 13810]]
tires that were recovered for use as fuel.''
C. Request for Comment
The EPA is not reopening or asking for comment on the original non-
waste determination in 40 CFR 241.4(a)(1) for scrap tires that are not
discarded and managed under the oversight of established tire
collection programs. The intent of this proposal is to identify certain
specific aspects of the NHSM rule related to scrap tires which EPA is
reconsidering and on which it is soliciting public comment. The Agency
is not reopening the entire NHSM rule for reconsideration and will not
respond to comments directed toward rule provisions that are not
specifically identified in this proposal. As such, the Agency is not
taking comment on the underlying NHSM regulations, such as the
legitimacy criteria at 40 CFR 241.3(d)(1)(i). The Agency is also not
taking comment on the pre-existing designation of scrap tires as a
legitimate non-waste fuel as this action only includes the additions to
40 CFR 241.2 and 241.4(a)(11). The Agency is only taking comment on the
addition of recovered scrap tires sent to cement kilns as NHSM and the
expansion of the definition of established tire collection program to
include recovered tires as discussed in this document.
As discussed in the Regulatory Impact Analysis (RIA) for this
proposal, there are several sources of uncertainty in the analysis of
costs and benefits. As such, EPA is soliciting comment on a number of
topics that could impact the estimated cost savings of the rule, if
finalized. Of particular interest is information regarding tire
processing frequency and costs, as well as projected market effects of
the rule. See Chapter F of the RIA for the complete list of topics on
which the EPA is requesting comment.
IV. Effects of This Proposed Rule on Other Programs
Beyond adding scrap tires combusted in cement kilns to the list of
non-waste fuels and revising the definition of established tire
collection program, this proposal does not change the effect of the
NHSM regulations on other programs as described in the March 21, 2011
NHSM final rule, as amended on February 7, 2013 (78 FR 9138), February
8, 2016 (81 FR 6688), and October 18, 2023 (88 FR 71761). Refer to
section VIII of the preamble of the March 21, 2011, NHSM final rule
\22\ for the discussion on the effect of the NHSM rule on other
programs.
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\22\ 76 FR 15456, March 21, 2011 (page 15545).
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V. State Authority
A. Relationship to State Programs
This proposed change to add scrap tires combusted in cement kilns
to the list of non-waste fuel and to revise the definition of
established tire collection program does not change the relationship to
state programs as described in the March 21, 2011, NHSM final rule.
Refer to section IX of the preamble to the March 21, 2011, NHSM final
rule \23\ for the discussion on state authority including,
``Applicability of State Solid Waste Definitions and Beneficial Use
Determinations'' and ``Clarifications on the Relationship to State
Programs.'' The Agency, however, would like to reiterate that this
proposed rule (like the March 21, 2011, and the February 7, 2013, final
rules) is not intended to interfere with a state's program authority
over the general management of solid waste.
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\23\ 76 FR 15456, March 21, 2011 (page 15546).
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B. State Adoption of the Rulemaking
No federal approval procedures are included in this proposed rule.
As a jurisdictional rule, this regulatory change will become effective
nationally without state adoption if finalized. Some states incorporate
federal regulations by reference or have specific state statutory
requirements that their state program can be no more stringent than the
federal regulations. In those cases, the EPA anticipates that, if
finalized and if required by state law, this rule's proposed changes
will be incorporated (or possibly adopted by authorized state air
programs) consistent with the state's laws and administrative
procedures.
VII. Costs and Benefits
This action is definitional in nature, and any costs or benefits
accrue to the corresponding Clean Air Act rules. In accordance with the
Office of Management and Budget (OMB) Circular A-4 requirement that the
EPA analyze the costs and benefits of regulations, the EPA prepared a
RIA document for this proposal that examined the scope of indirect
impacts for both costs and benefits.
The proposed changes are expected to result in an annual cost
savings of $11.6 to $19.2 million from reduced fuel costs, reduction in
tire processing required for tires used as fuel in cement kilns, and
reduced disposal costs for tires that have been abandoned. Beyond cost
savings, the proposed rule offers environmental and public health
benefits by reducing air pollutants and supporting a circular economy.
It also facilitates the cleanup of abandoned tire piles, enhancing
public health and safety.
VIII. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is expected to be an Executive Order 14192 deregulatory
action. Details on the estimated cost savings of this proposed rule can
be found in the EPA's analysis of the potential costs and benefits
associated with this action.
C. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden
under the PRA as this action only defines scrap tires combusted in
cement kilns as a non-waste fuel for the purposes of the NHSM
regulations. OMB has previously approved the information collection
activities contained in the existing regulations and has assigned OMB
control number 2050-0205.
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the EPA concludes that the impact of concern
for this rule is any significant adverse economic impact on small
entities and that the agency is certifying that this rule will not have
a significant economic impact on a substantial number of small entities
because the rule relieves regulatory burden on the small entities
subject to the rule. This action will reduce regulatory uncertainty
associated with these materials and help increase management
efficiency. We have therefore concluded that this action will relieve
regulatory burden for all directly regulated small entities.
[[Page 13811]]
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or tribal governments or the private sector. It is expected to
result in cost-savings and affected entities are not required to manage
the final additional NHSMs as non-waste fuels. While this action may
impact Clean Air Act permits and compliance obligations, it is expected
to result in a reduced regulatory burden.
F. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have Tribal implications as specified in
Executive Order 13175. While this proposed rule may benefit Tribes by
facilitating the clean-up of tires that have been abandoned on Tribal
lands, it will neither impose substantial direct compliance costs on
Tribal governments, nor preempt Tribal law. Thus, Executive Order 13175
does not apply to this action.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045 directs federal agencies to include an
evaluation of the health and safety effects of the planned regulation
on children in federal health and safety standards and explain why the
regulation is preferable to potentially effective and reasonably
feasible alternatives. This action is not subject to Executive Order
13045 because it is not a significant regulatory action under section
3(f)(1) of Executive Order 12866, and because the EPA does not believe
the environmental health or safety risks addressed by this action
present a disproportionate risk to children. To the extent that the
rule facilitates cleanup of abandoned tire piles, the EPA expects any
impact on children's health to be positive. However, EPA's Policy on
Children's Health applies to this action. Information on how the Policy
was applied is available under ``Children's Environmental Health'' in
the SUPPLEMENTARY INFORMATION section of this preamble.
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
J. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
List of Subjects in 40 CFR Part 241
Environmental protection, Air pollution control, Non-hazardous
secondary materials, Waste treatment and disposal.
Lee Zeldin,
Administrator.
For the reasons stated in the preamble, EPA proposes to amend title
40, chapter I, of the Code of Federal Regulations as follows:
PART 241--SOLID WASTES USED AS FUELS OR INGREDIENTS IN COMBUSTION
UNITS
0
1. The authority citation for part 241 continues to read as follows:
Authority: 42 U.S.C. 6903, 6912, 7429.
Subpart A--General
0
2. In Sec. 241.2, revise the definition ``established tire collection
program'' to read as follows:
Sec. 241.2 Definitions.
* * * * *
Established tire collection program means a comprehensive
collection system or contractual arrangement that ensures scrap tires
are handled as valuable commodities through arrival at the combustion
facility. This can include scrap tires that were received from the
general public at collection program events and previously abandoned
scrap tires that were recovered for use as fuel.
* * * * *
Subpart B--Identification of Non-Hazardous Secondary Materials That
Are Solid Wastes When Used as Fuels or Ingredients in Combustion
Units
0
3. In Sec. 241.4, add paragraph (a)(11) to read as follows:
Sec. 241.4 Non-Waste Determinations for Specific Non-Hazardous
Secondary Materials When Used as a Fuel.
(a) * * *
(11) Previously abandoned scrap tires managed as valuable
commodities from the point of recovery through use as a fuel in cement
kilns (with or without shredding).
* * * * *
[FR Doc. 2026-05586 Filed 3-20-26; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.