Michigan DEQ Implementing Changes to Tire Program

The Michigan Department of Environmental Quality has implemented changes to its scrap tire program. The changes are expected to reduce many of the burdens experienced in handling, processing and recycling scrap tires.

The changes are a result of a package of bills signed into law by Michigan’s Governor Jennifer Granholm that will provide for the continued success of the scrap tire program.

One of the changes classifies certain types of high value scrap tire materials such as tire derived fuel as a commodity largely exempt from regulation as a scrap tire in an effort to facilitate the processing of these commodity materials.

In addition, other major changes include:

- The Scrap Tire Regulatory Fund may now be used for enhanced grant supporting the development of markets for scrap tires by funding up to 50 percent of the cost of purchasing equipment or for research and development.

- Provides the local fire chief the authority to determine that collection site access roads do not meet the requirement to be accessible at all times to emergency vehicles.

- Prohibits scrap tires from being placed in open spaces between piles or being used to create on site roads.

- Simplifies the manifest requirements by allowing the use of a consolidated load manifest for certain loads of scrap tires.

- Requires a person who owns a portable shredding operation to register with the DEQ as a collection site.

- Exempts retreaders from hauler registration requirements and establishes record-keeping requirements for retreaders.

- Allows the DEQ to enter and inspect a tire retail establishment, a vehicle owned or operated by a scrap tire hauler for transporting scrap tires, or a collection site or other place where scrap tires are present in order to enforce and administer the law.

- Provides for a lien in favor of the State upon a collection site that has been the subject of cleanup activity by the State for tires accumulated after January 1, 1991, and allows the Attorney General to seek additional liens to cover cleanup costs.

- Adds a requirement for the DEQ to report every three years on the effectiveness of the law in encouraging reuse and ensuring safe storage of scrap tires.

- Requires the DEQ Director to appoint a Scrap Tire Advisory Committee to advise the DEQ on the implementation of the law.

- Extends the sunset on Scrap Tire Program funding until 2012.

These changes were the result of recommendations from the Scrap Tire Work Group that consisted of representatives from the regulated community including registered scrap tire haulers, registered collection sites, and scrap tire processors, as well as representatives from local units of government and DEQ staff.