Introduction
The Environmental Protection Agency issued a proposed rule on March 23, 2026, to amend its Non-Hazardous Secondary Materials regulations under 40 CFR Part 241. This proposal designates scrap tires, including those previously abandoned, as non-waste fuel when combusted in cement kilns. It also revises the definition of established tire collection programs to encompass recovered abandoned tires. Announced in the Federal Register Volume 91, Number 55, the action seeks to protect public health, recover valuable resources, and reduce environmental harms from tire piles. By treating recovered tires similarly to collected ones, the rule could accelerate cleanups of the estimated 48 million abandoned tires nationwide, addressing fire risks, disease vectors, and pollution while supporting cement manufacturing. This development builds on prior regulatory efforts and responds to ongoing challenges in waste management.
Background on Scrap Tires and Regulatory History
Scrap tires represent a significant waste management challenge in the United States. According to the U.S. Tire Manufacturers Association, approximately 264 million end-of-life tires were generated in 2023, with 79 percent recycled or used as fuel. However, historical mismanagement led to vast accumulations, peaking at one billion tires in the 1990s. Concerted efforts by states, EPA regions, and industry have reduced this to about 48 million, yet remaining piles pose ongoing threats.
Abandoned tire piles create public health and environmental risks. They serve as breeding grounds for mosquitoes carrying diseases like West Nile virus and Eastern Equine Encephalitis, as well as habitats for rodents transmitting illnesses such as leptospirosis. Fires in these piles are notoriously difficult to extinguish, producing toxic fumes that irritate skin, eyes, and respiratory systems, and potentially causing long-term effects like cancer, as documented in EPA's 1997 report on air emissions from scrap tire combustion.
The Non-Hazardous Secondary Materials regulations, established in 2011 and amended in 2013, define when secondary materials are solid wastes versus legitimate fuels under the Resource Conservation and Recovery Act and Clean Air Act. Scrap tires managed through established collection programs were categorically deemed non-waste fuels if they meet legitimacy criteria: management as a valuable commodity, meaningful heating value, and comparable contaminant levels to traditional fuels like coal. However, abandoned tires required processing, such as shredding and dewiring, to qualify, creating regulatory distinctions despite physical similarities.
Key players include the EPA, cement manufacturers (NAICS code 32731), waste management services (NAICS 562), and organizations like the U.S. Tire Manufacturers Association. Legal precedents, such as the D.C. Circuit's upholding of the regulations in Solvay USA Inc. v. EPA (2015), affirm the agency's authority to define wastes based on characteristics and use.
Proposed Regulatory Changes
The proposed rule introduces two main amendments. First, it adds a categorical non-waste determination at 40 CFR 241.4(a)(11) for previously abandoned scrap tires managed as valuable commodities and combusted in cement kilns. This recognizes their equivalence to collected tires, with heating values of 12,000-16,000 Btu per pound comparable to coal's 11,000-13,000 Btu per pound, and contaminant levels at or below traditional fuels, as per EPA's 2008 materials characterization paper.
Second, it revises the definition of established tire collection programs in 40 CFR 241.2 to include recovered abandoned tires, ensuring they are not discarded post-recovery and are handled as commodities until combustion. This aligns with the Resource Conservation and Recovery Act's goals of resource conservation and environmental protection, as outlined in sections 2002(a)(1) and 1004(27).
These changes reduce processing requirements for abandoned tires. Recovery processes, such as removing contaminants like soil or commingled waste, would suffice to meet the definition of processing under 40 CFR 241.2, eliminating the need for extensive shredding or dewiring when destined for cement kilns.
Implications and Perspectives
The proposal could yield short-term benefits like cost savings of $11.6 to $19.2 million annually from reduced processing and disposal needs, as estimated in the EPA's Regulatory Impact Analysis. It facilitates tire pile cleanups, particularly in rural, Tribal, and disadvantaged areas, reducing fire and disease risks. Long-term, it supports a circular economy by conserving virgin resources like coal and iron, potentially lowering emissions of nitrogen oxides, sulfur dioxide, and particulate matter, according to a 2023 Global Efficiency Intelligence study.
Industry perspectives vary. Cement manufacturers may welcome the rule for easier access to tire-derived fuel, which provides energy and iron for clinker production, as noted in a 2016 European Cement Research Academy report. Environmental groups might support reduced tire piles but express concerns over combustion emissions, emphasizing the need for strict air quality compliance under Clean Air Act sections 112 and 129.
States and Tribes could gain flexibility in managing tire programs without federal interference, though adoption may depend on local laws. Critics, including some waste management firms, might argue it overlooks potential increases in tire transport emissions or uneven implementation across jurisdictions.
Conclusion
This proposed rule represents a targeted effort to address persistent environmental and health challenges from abandoned scrap tires while promoting resource recovery. Key takeaways include streamlined regulations for tire use in cement kilns and expanded collection programs, potentially accelerating cleanups and yielding economic savings. Moving forward, public comments due by May 22, 2026, will shape the final rule, with possible debates on implementation costs and environmental trade-offs. Future challenges may involve monitoring compliance, assessing emission impacts, and integrating with broader waste management strategies, offering pathways for enhanced public health protections and sustainable practices.
