13B_.1100_RegulatoryImpactAnalysis

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Regulatory Impact Analysis
Proposed Rule Readoption with Amendments
15A NCAC 13B Section .1100 Scrap Tire Management
Prepared by
Jessica Montie
NC Division of Waste Management
Solid Waste Section
[phone]
February 14, 2018

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Basic Information
Commission: Environmental Management Commission
(Groundwater and Waste Management Committee)
Agency Department of Environmental Quality, Division of Waste
Management, Solid Waste Section
Title Scrap Tire Management
Citations 15A NCAC 13B .1101 - .1110
Description of the Proposed It is the responsibility of the Division of Waste Management
Rules to regulate how solid waste is managed within the state under
the statutory authority of the Solid Waste Management Act,
Article 9 of Chapter 130A of the General Statutes; and
specifically regulates scrap tire management under the
statutory authority of G.S. 130A-309.57. Rules 15A NCAC
13B .1100 - .1110 collectively establish the conditions which
require that any permit for scrap tire management be
obtained from the Division, the requirements and process for
permit application and approval, and operational
requirements, and closure conditions for scrap tire collection
sites.
Agency Contact Jessica Montie
Environmental Program Consultant
[e-mail]
[phone]
Authority G.S. 130A-309.57; G.S. 15013-21.3A
Statement of Necessity Rules .1101 - .1110 are proposed for readoption in
accordance with G.S. 15013-21.3A.
Impact Summary State government: No
Local government: No
Substantial impact: No

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Rule Summary and Reason for Rule Changes
It is the responsibility of the Division of Waste Management (Division) Solid Waste Section
(Section) to regulate how solid waste is managed within the state under the statutory authority of
G.S. Chapter 130A-294. State rules governing solid waste management are found in Title 15A,
Subchapter 13B of the North Carolina Administrative Code. N.C.G.S. 130A-309.57 gives
authority to the Environmental Management Commission (Agency) to adopt rules which govern
the administration of scrap tire collection sites and permits, which are found in Subchapter 13B,
Section .1100 Scrap Tire Management.
In accordance with G.S. 150B-21.3A, the report of final determinations for the review of rules in
Subchapter 13B became effective June 24, 2017. The final determinations for the rules codified
in Section .1100 and the Division's proposed actions for readoption pursuant to G.S. 15013-21.3A
are as follows:
Rule
Name
Final Determination
Status or Proposed Action
Citation
.1101
Definitions
Necessary with substantive
Readoption with
public interest
amendments
.1102
Application Fee and
Necessary with substantive
Repeal
Annual Permit Fee
public interest
.1103
Generator of Scrap
Necessary with substantive
Readoption with
Tires
public interest
amendments
.1104
General Conditions
Necessary with substantive
Readoption with
public interest
amendments
.1105
Permit Required
Necessary with substantive
Readoption with
public interest
amendments
.1106
Scrap Tire Collection
Necessary with substantive
Readoption with
Site Permit
public interest
amendments
Requirements
.1107
Scrap Tire Collection
Necessary with substantive
Readoption with
Site Operational
public interest
amendments
Re uirements
.1108
Scrap Tire Disposal
Necessary with substantive
Repeal
Site Permit and
public interest
Operational
Requirements
.1109
Closure of Non-
Necessary with substantive
Readoption with
Conforming Sites
public interest
amendments
.1110
Scrap Tire
Necessary with substantive
Repeal
Processing Facilities
public interest
.1111
Financial
Necessary with substantive
No current action, DWM
Responsibility
public interest
intends to propose for repeal
concurrently with
incorporating these
requirements in the Financial
Assurance rule .1800.
.1112
Scrap Tire Hauler
Unnecessary
Expired
Requirements

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The rules which are necessary with substantive public interest above are required to be readopted
by the deadline established by the Rules Review Commission of April 30, 2021. The proposed
rule text is included Appendix 1. The proposed rule -making schedule is as follows:
Date
Action
3/7/2018
GWWMC Meeting: Approval of proposed text to go to EMC.
5/10/2018
EMC Meeting: Approval of rule text and impact analysis for public comment.
5/24/2018
Submit rule text to OAH for publication in NC Register.
6/15/2018
Comment Period Begins
6/30/2018
Earliest date for public hearing.
8/14/2018
Comment Period Ends.
9/13/2018
EMC Meeting: Approval of Hearing Officer's Report and Adoption of Rule.
10/18/2018
RRC meeting: Approval of rule text
11/1/2018
Earliest effective date for rule.
Interested or Affected Parties
The parties who may have an interest in Subchapter 13B Section .1100 rules for the management
of scrap tires which are proposed for readoption are as follows:
Tire Facility Permit holders:
While many scrap tire collections sites are included within the permits for other solid waste
management facilities such as municipal solid waste landfills and transfer stations, in 2018 there
are 9 active permits issued by the Solid Waste Section for facilities that manage only tires:
- 5 facilities that have treatment and processing facility permits to process tires
- 2 landfills for the disposal of portions of tires (whole tires cannot be landfilled)
- 2 tire collection sites that are permitted under rule 13B .1106, as they do not manage other
types of waste or conduct any tire processing or landfill operations.
State Agencies:
DEQ DWM Solid Waste Section Permitting Branch which issues permits for scrap tire collection
sites and processors, and sanitary landfills which collect and dispose of scrap tires
DEQ DWM Solid Waste Section Field Operations Branch staff which provide regulatory
compliance for scrap tire management
Local Governments:
Local government tire haulers, collectors, and processors
Local government owners or operators of permitted sanitary landfills
Citizens of North Carolina
Citizens who are affected by the unpermitted and/or poorly managed dumping or disposal of tires.

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Impact Summary
Pursuant to G.S. 150B-21.3A(d)(2), if a rule is readopted without substantive change or if the rule
is amended to impose a less stringent burden on regulated persons, the agency is not required
to prepare a fiscal note as provided by G.S. 150B-21.4. Also, pursuant to G.S. 150B-21.4(d), if
an agency proposes the repeal of an existing rule, the agency is not required to prepare a fiscal
note on the proposed rule change as provided by this section. A summary of the proposed
changes to each rule are and the effects of those changes are below.
Rule .1101 Definitions
The proposed amendment to rule .1101 amends the definition for a "Disposal Site" to remove the
unclear language which states "or other method as may be approved by the Division", and
replaces it with the two types of final disposal that are currently being utilized in North Carolina.
The proposed rule also removes the definition for "Scrap Tire Monofill" as this definition is no
longer necessary because the term is only used in Rule .1108, and Rule .1108 is proposed for
repeal.
Benefit: The proposed rule gives clarification to the regulated community that energy can be
considered a "useable material", and gives clarification on the specific types of final disposal
included in that definition.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Rule .1102 Application Fee and Annual Permit Fee
The Division is proposing to repeal rule .1102 because annual permit fees for solid waste
processing sites and tire landfills are established in G.S. 130A-295.8(dl)(13) Treatment and
Processing Facilities and G.S. 130A-295.8(dl)(14) Tire Monofills, respectively, and their related
permit application fees are established in G.S. 130A-295.8(d2). The Division will not be imposing
a permit fee for tire collection sites that do not accept any other types of waste and do not conduct
any tire processing or landfill operations.
Benefit: As a result of the proposed rule change, the two active permitted tire collection sites will
each save $250.00 per year as they will no longer be required to pay an annual permit fee for
their current operations. They will also save $25.00 every three years as they will no longer be
required to pay a permit application fee to apply for a renewal permit every three years.
Cost: As a result of this proposed rule repeal, the Section will lose $500.00 per year for the two
sites currently permitted as tire collection sites which do not conduct any tire processing or landfill
operations. The Section will also be losing the two $25.00 permit application fees every three
years for each of those sites.
As this is a rule being repealed as a part of the readoption process, and the repeal reduces the
burden on the regulated community, no fiscal note is required.
Year 1
Year 2
Year 3
Description
Cost to
Section
Benefit to 2
Permittees
Cost to
Section
Benefit to 2
Permittees
Cost to
Section
Benefit to 2
Permittees
Annual Permit
Fee:
$500.00
$500.00
$500.00
$500.00
$500.00
$500.00
Permit applic.
fee 3 ears
$0
$0
$0
$0
$50.00
$50.00
Total:
$500.00
$500.00
$500.00
$500.00
$550.00
$550.00

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Rule .1103 Generator of Scrap Tires
The proposed amendments are technical corrections or for clarification only.
Rule .1104 General Conditions
Paragraph (a):
Benefit: The proposed amendment clarifies that while whole scrap tires are prohibited from
landfilling in accordance with G.S. 130A-309.58(b), portions of tires as described in the proposed
rule are not prohibited from landfilling.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Paragraph (b):
Benefit: The proposed amendment clarifies the process through which the regulated community
may request approval from the Division to use a tire disposal or processing method not previously
approved by rule or statute. As the proposed process would be included as part of the existing
permitting process
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Paragraph (c) of existing rule:
Benefit: This paragraph is proposed to be removed as unnecessary because notification is no
longer necessary since all scrap tire collection sites are required to obtain a permit from the
Division unless they are exempted from that requirement by G.S. 130A-309.57(d).
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Paragraph (d) of existing rule, proposed as (c), Page 4, Line 16:
Benefit: The proposed amendment clarifies where the Scrap Tire Certification Forms may be
obtained.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Rule .1105 Permit Required
Paragraph (a):
Benefit: The proposed amendment clarifies what is meant by "his land", to be consistent with
similar existing language in Subchapter 13B Rule .0201(b) which is applicable to all solid waste
permits.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Paragraph (b):
The proposed amendment is for clarification only, and updates the address for the Division.
Paragraph (c):
Benefit: The proposed amendment clarifies the term "non -transferable".
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Paragraph (d) in existing rule:
Benefit: This paragraph is proposed to be removed as unnecessary because general
requirements for the sanitary storage of solid waste are established in Subchapter 13B Rule
.0104.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.

Paragraph (e) in existing rule, proposed as (d), Page 5, Line 13:
The proposed amendments are for clarification or correction only.
Paragraph (f) in existing rule:
Benefit: This paragraph is proposed to be removed as unnecessary because the types of waste
a sanitary landfill may accept and the relevant record -keeping requirements are established in
the rules for the applicable permit type in Subchapter 13B, or are designated in the permit required
in accordance with the rules in Subchapter 13B for sanitary landfills.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Paragraph (g) in existing rule:
Benefit: This paragraph is proposed to be removed as unnecessary because the types of waste
a sanitary landfill may accept and how that waste is disposed of or handled onsite are established
in the rules for the applicable permit type in Subchapter 13B, or are designated in the permit
required in accordance with the rules in Subchapter 13B for sanitary landfills.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Paragraph (h) in existing rule, proposed as (e), Page 5, Line 19:
Benefit: The proposed amendment clarifies what is meant by proof of financial responsibility by
adding a reference to the rule that establishes that requirement.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Rule .1106 Scrap Tire Collection Site Permit Requirements
Paragraph (a):
Benefit: The proposed amendment reduces the burden on the regulated community by allowing
a permit to be issued for 5 years instead of 3 years. This change also minimally reduces the
burden on state government by reducing the frequency for permit application reviews of the two
active collection site permits.
Cost: See the evaluation above for the repeal of Rule .1102 regarding the submittal and receipt
of permit fees.
Paragraph (b):
Benefit: The proposed amendment removes redundant language as storage limits are addressed
in proposed Rule .1107(I) and (m), and clarifies that the permit simply needs to state what the
storage limit is.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Paragraph (c):
Benefit: The proposed amendment removes unnecessary language referring to statutes, clarifies
ambiguous language, removes redundant language for compliance with local ordinances and
other state laws, as existing language in Paragraph (d)(11) of this Rule requires a permit applicant
submit a letter from the local government stating that the site is in compliance with local zoning
ordinances, and proposed language in Paragraph (d)(16) of this Rule requires a permit applicant
submit a letter from the Division of Energy, Land, and Mineral Resources stating that the site is in
compliance with the Sedimentation Pollution Control Law (15A NCAC 4).
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment, as existing rule requires that approvals be obtained
from the applicable local and state agencies.

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Paragraph (d):
Benefit: The proposed amendment makes technical or clarifying changes and removes
unnecessary language. The proposed amendment reduces the burden on the regulated
community as it removes language regarding the format and number of application copies
required, which is unnecessary as electronic submittals are accepted. The proposed amendment
adds a requirement in Paragraph (d)(3) that the permit applicant include a copy of the property
deed for the site location, adds Paragraph (d)(15) which requires that tire collection sites show
that they have a location at which to dispose of the tires they are collecting, and Paragraph (d)(16)
which requires a permit applicant to submit a letter from the Division of Energy, Land, and Mineral
Resources stating that the site is in compliance with the Sedimentation Pollution Control Law (15A
NCAC 4), replacing the requirement that is proposed to be removed from Paragraph (c).
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment, as property deeds are available free of charge from
the county register of deeds office, and the two paragraphs proposed to be added are requesting
a minimal amount of documentation be submitted for approvals which are required to be obtained
in existing rule (Paragraphs (c)(6) and (d)(7) of this Rule).
Rule .1107 Scrap Tire Collection Site Operational Requirements
Paragraph (1):
Benefit: The proposed amendment removes a reference to a Fire Protection document for storage
of tires indoors as fire protection requirements are established and regulated by local
governments. The proposed amendment also incorporates the requirement for annual reporting
for collection sites which process tires, which is currently in existing Rule .1110(d), and Rule .1110
is proposed for repeal.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Paragraph (2):
The proposed amendments make technical or clarifying changes; remove redundant or
unnecessary language; and make the following changes to these subparagraphs:
(2)(c): Benefit: The proposed amendment provides a process for the Division to approve other
methods for rodent and mosquito control if the applicant proposes an alternative method. This
amendment is being proposed in response to comments from the regulated community, and
seeks to reduce the burden of costs for rodent and mosquito control if a less expensive method
can be used which is equally effective.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
(2)(e): Benefit: The proposed amendment incorporates the buffer requirement for flames to
processed materials, as the current language in Rule .1110(a) for processing sites is proposed
for repeal (and referred back to rules .1106 and .1107 for buffer requirements).
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
(2)(h): Benefit: The proposed amendment simplifies and clarifies language for the buffer
requirement to vegetation. The existing rule language establishes a requirement to keep the
entire tire storage area free of flammable vegetation at all times. The proposed language clarifies
that a buffer must be maintained between flammable vegetation and tires or tire material being
stored at any time, which serves the true intention of a buffer requirement; and removes the
unnecessary requirement that vegetation buffers be maintained even when no tires are on site,
which reduces the burden on the regulated community.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.

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(2)(k): Benefit: The proposed amendment clarifies language and reduces the burden on the
regulated community as it allows facilities to keep records in a format which is most convenient
to their operations, while still allowing Division staff to access that information during an inspection
or when requested.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
(2)(1): Benefit: The proposed amendment reduces redundancy by incorporating the storage limit
for sites that process tires which is currently established in Rule .1110(a) (proposed for repeal).
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
(2)(m): Benefit: The proposed amendment reduces redundancy by incorporating the requirements
limiting the number of tires which can be accepted at sites that process tires which is currently
established in Rule .1110(a) (proposed for repeal).
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
(2)(n): The proposed amendment incorporates the language proposed to be struck from
paragraph (3)(a) of this Rule.
Cost and Benefits: No costs or benefits to the state or local government or the regulated
community are expected to be incurred as a result of the rule amendment.
(2)(o): Benefit: The proposed amendment establishes a requirement for a collection site to
prepare and keep a contingency plan stating how tires will be handled or disposed of during
circumstances which make the site unavailable for use, which ensures tires will be handled
properly under those circumstances.
Cost: As this may be a short description of an alternate disposal site, and this information should
have been required to be included in the permit application in accordance with Rule .1106(d)(7)
and (9), no costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule amendment.
Paragraph (3):
This paragraph is proposed to be removed as the language or requirements are proposed to be
incorporated into Paragraph (2) of this Rule.
Cost and Benefits: No costs or benefits to the state or local government or the regulated
community are expected to be incurred as a result of the rule amendment.
Paragraph (4):
This paragraph is proposed to be removed as it is unnecessary.
Cost and Benefits: No costs or benefits to the state or local government or the regulated
community are expected to be incurred as a result of the rule amendment.
Rule .1108 Scrap Tire Disposal Site Permit and Operational Requirements
Benefit: The rule is proposed for repeal to avoid redundancy because the permit and operational
requirements for disposal sites are established in Subchapter 13B Rules .0503, .0504, and .0505;
or Section .1600 for municipal solid waste landfills.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule repeal because the rule only required that these sites be permitted
in operated in accordance with the other rules mentioned above.
Rule .1109 Closure of Non -Conforming Sites
The proposed amendments are technical corrections or are for clarification only.

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Rule .1110 Scrap Tire Processing Facilities
Benefit: The rule is proposed for repeal as the operational and permit requirements for scrap tire
processing sites are proposed to be incorporated with the permit and operational requirements
for scrap tire collection sites in Rules .1106 and .1107 to avoid redundancy.
Cost: No costs to the state or local government or the regulated community are expected to be
incurred as a result of the rule repeal.
NOTE - Rule .1111 Financial Responsibility Requirements
The rule is not proposed for readoption at this time as the requirements are intended to be
included under a proposed Section .1800 for Financial Assurance., at which time Rule .1111
would be either revised to reference Section .1800 or repealed.
Conclusion
Based on the above, none of the proposed rule amendments for Subchapter 13B Section .1100
Scrap Tire Management are expected to affect expenditures or revenues of any local government.
Based on the above, the impact to state government is minimal, with the only impact being a
result of the repeal of Rule .1102, and a repeal does not require that a fiscal note be completed.
The impact to the regulated community from the repeal of Rule .1102 is also minimal, is a benefit
to the two facilities permitted as scrap tire collection sites, and reduces the burden on the
regulated community in general; therefore, no fiscal note is required.
As the remaining rule amendments for Subchapter 13B Section .1100 Scrap Tire Management
are not expected to require expenditure or distribution of State funds, or cause an aggregate
annual impact to all affected parties of greater than or equal to one million dollars, no fiscal note
is required for the readoption of these rules.

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Appendix 1
Proposed Rules

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1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
15A NCAC 13B .1101 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .1101 DEFINITIONS
The definitions in G.S. 130A-309.53 and the following definitions shall apply throughout this Section:
(1) "Disposal site" means any place at which scrap tires are disposed of by sanitary landfill or
incineraticn.landfill, ineineration, or other method . y be . °a by the DMsien.
(2) "Processing" means chopping, chipping, shredding, slicing, cutting, stamping, dyeing, p3ffelizing
pyrolizing, or other physicochemical processing of scrap tires either for disposal or production of
useable materials.
(3) "Sefflp tire monofill" mewis a sanitary landfill, or portion thereof, permitted exclusively for scrap
tire d
History Note: Authority G.S. 130A-309.57;
Eff. October 1, 4990.1 990:
Readopted Eff. September 1, 2018.
Page 1 of 15

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1
2
3
4
5
6
7
8
9
10
11
12
15A NCAC 13B .1102 is proposed for readoption as a repeal as follows:
15A NCAC 13B .1102 APPLICATION FEE AND ANNUAL PERMIT FEE
(a) A pennit appliemien for- a ser-ap tire ealleetion site of sefap fife disposal site shall be aeeempa-nied by -a
neft r-eftmdable twenty five dollar- ($25.00) appliea4efi fee. The appheation fee shall be er-edited tewafd the pefM4
fee w-hieh shall be paid before a pefmit is isstied.
(b) An annual .. •. it fee shall be paid ♦o ♦L.e Division on r be f .•e T„1.. 1 folio
...�•
e..,s
(1) A s p tire eelleetion site: two 1.tind.e,l and fifty dollars ($250 nm• an'
(2) A ser-ap tire disposal site! two htmdr-ed and fifty dollars ($250.00),
History Note: Authority G.S. 130A-309.57;
1;f.Oet r i- 1 lnnn
Page 2 of 15

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1 15A NCAC 13B .1103 is proposed for readoption with substantive changes as follows:
3 15A NCAC 13B .1103 GENERATOR OF SCRAP TIRES
4 No person shall discard, deposit -deposit, or dispose of a scrap tire except at a site or facility permitted to receive scrap
5 tires under these Rules, or at a'��-�business exempt from a permit under G.S. 130A-309.57(d).
7 History Note: Authority G.S. 130A-309.57;
8 Eff October], 499-8-1990;
9 Readopted Eff.' September 1, 2018.
Page 3 of 15

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1 15A NCAC 13B .1104 is proposed for readoption with substantive changes as follows:
2
3 15A NCAC 13B .1104 GENERAL CONDITIONS
4 (a) Landfilling of whole scrap tires is prohibited. Shreds or portions of scrap tires less than half of a whole scrap
5 pneumatic tire shall be suitable for landfilling.
6 (b) The owner or operator of a scrap tire disposal site or processingfty may submit a request to the Division to
7 use a scrap tire disposal or processing method Demonstrated methods of sera„ tiro disposal, i addition to other than
8 the disposal methods in G.S. 130A-309.58. G.S. 130 ^ 30 , The request shall
9 be included with a permit application or renewal submitted to the Division in accordance with Rule .1106 of this
10 Section, and mabpproved by the Division if the owner or operator demonstrates that the proposed method is
11 protective of human health and the environment; does not create a nuisance or safety hazard, and complies with the
12 requirements of this Subchapter.
13 (e) The tire ealleeter- shall notify the Division by s4ti4t4iag a feFm giving eemplete infefma4ien r-egafding the
14 loeation, size, peFied of operation, ownefship and operation of the site, and the ntmibef of scrap tires aecumulated a
15 the site
16 fcc)(d) Scrap Tire Certification Forms tire ^er-'ificat on forms, in accordance with G.S. 130A-309.58(f) shall be
17 obtained from the Division website at https://deq.nc.gov/about/divisions/waste-
18 management.
19
20 History Note: Authority G.S. 130A-309.57, 130A-309.58;
21 Eff. October 1, 499-8-1990;
22 Readopted Eff. September 1, 2018.
Page 4 of 15

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1 15A NCAC 13B .1105 is proposed for readoption with substantive changes as follows:
2
3 15A NCAC 13B .1105 PERMIT REQUIRED
4 (a) No person, other than a person exempted by G.S. 130A-309.57(d), shall establish, operate or maintain, or allow
5 to be established, operated or maintained upon land owned, leased, or otherwise controlled by that person, a
6 scrap tire collection site or scrap tire disposal site unless a permit for the site has been obtained from the Division.
7 (b) Applioation for permits Applications for permits submitted in accordance with Rule .1106 of this Section required
8 by this Rule shall be forwarded to the Division of Waste Management, -Solid Waste Section, 1646 Mail Service Center,
9 , Raleigh, North Carolina 27699-1646.27611.
10 (c) A permit is issued to the permit applicant for a particular site and shall not be transferableis neft t..ansf ffable.
11 (d) Ser-ap tire eelleetien sites exempt ftem pefmit4iag tmder- G.S. 130A 3 09.57(d) and Rule . 11 05(i) of this Seeti
12
13 Ldd)2 o Trailers and covered roll -off containers used as scrap tire collection facilities are exempt from the requirements
14 of Rule .1106(c) of this Section with the exception of Subparagraphs (3) and (5). - ^ 4 .-A , n
15 (f) A permitted sanitary landfill, otheF than a demolition landfill is deemed pefmitted as a ser-ap tire disposal si
16 .
17 (g) A pefmitted sanitanf !a-ndfill eper-a4ed by a tmit ef lecal government is deemed permitted as a scrap tire collecti
18 ,
19 Le)fh) Scrap tire collection sites operated by units of local government are exempt from the financial responsibility
20 requirements established in Rule A 111 of this Section. Units of leeal , o eR4 , o not fe rod to p ide p e f
21 of finaneial responsibility.
22
23 History Note: Authority G.S. 130A-309.57;
24 Eff October], 4998-1990;
25 Readopted E, ff. September 1, 2018.
Page 5 of 15

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1 15A NCAC 13B .1106 is proposed for readoption with substantive changes as follows:
2
3 15A NCAC 13B .1106 SCRAP TIRE COLLECTION SITE PERMIT REQUIREMENTS
4 (a) A scrap tire collection site permit shall be issued for a period of not longer- than three five years. Permit renewal
5 applications shall be submitted to the Division knot less than 60 days prior to the expiration date of the
6 permit.
7 (b) A permit shall specify the storage limit fora limit the number of tires served at ^ scrap tire collection site. site to
8 the sta4ed number- of tires shipped eff site andler disposed ef on site per month, unless otherwise speeified by the
9
Division. A4 no time shall more than 60,000 serap tires be stered at a serap tire eelieetien site. Storage limits for-
10 ealleetion sites permitted in asseeiatien with preeessing f4eilities shall be determined as in Rule . 111 0(a)-.
11 (c) Scrap tire collection sites shall meet the following siting and design requirements in order for a permit to be issued:
12 (1) A a site shall not be located within either the 100-year floodplain or 100 feet of any surface
13 water;water.—A site shall not be located within any wetland as defined in the Federal Clean Water
14 Act, section 404(b)(1). 404(b)(1), which is hereby incorporated by reference, including any
15 subsequent amendments or additions.
16 (2) A a site shall maintain a minimum of 50-foot buffer between all property lines and scrap tire
17 storage s.areas;
18 .
19 QJ(4) The the site shall be served by an access roads that shall be kept passable at all times for any
20 motor vehicle, including fire trucks; trued ^+ all times.
21 J4�(5) Drainage shall be eff etive to the site shall be designed to prevent standing water on -site and smell
22 net eause prevent off -site drainage problems:problems;
23 (6) A site shall meet the requirements ef the Sedimentatien Pellutien Gentrel Law-(4 5A NGAG 4).
24 , if appheable.
25 fQ(S) Aeeess access to the site shall be controlled to prevent unauthorized entrythrough the use of barriers
26 such as fences, gates, or berms?b^rm^ natural barriers or other- means.
27 �0(94 The the site shall be , ' designed to rep vent keep -liquid
28 runoff from a potential tire fire from entering any surface water; and water.
29 (10) The provider of fire preteetion ser:viees for the site shall be identified in the permit applioati
30 (d) in addition to the form preseribed and provided by the Division, throe eapies ^ The following information
31 shall be submitted to the Division in an application for a scrap tire collection site permit:
32 (1) Name name and location of proposed facility, including street address or state road number, city,
33 county, and zip code;
34 (2) Name, name, address, telephone number, and signature of site operator; eper-ater-,
35 (3) Name, name, address, telephone number --number, and signature of property owner, owner. and a
36 copy of the deed or other legal description of the site that would be sufficient as a description in
37 an instrument of conveyance, showing property owner's name;
Page 6 of 15

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(4) A a map or aerial photograph aeetifately showing the area within one-fourth mile of the site, and
identifying the following:
(A) €ntir-e the property owned or leased for use as a scrap tire collection site by the applicant;
and
(B) Laeatien the location of all homes, buildings, public or private utilities, roads, wells, water
courses, #leedplain-s--floodplains, and other able details regarding the tono�rabhy;
topography.
(5) Aa description of the general operation of the facili • €ae
(6) Sources sources and quantity of tires expected, expressed in tons (assffffle 100 tires per ton or- ten
tires per- eubie yar-d) to be received per month; quantity of tires to be stored on -site and quantity of
tires to be shipped off -site per month;
(7) Plaits plans for disposition of all tires collected at the site, including the names, addresses, aa
and permit information, if applicable, of all facilities where the tires will be recycled, processed, or
disposed; r reeessed ^r disposed.
(8) grejeeted the projected date of commencing operation; operation-,
(9) A a description of how any waste resulting from the operation of the tire site will be disposed;
disposed.
(10) A a description of how the scrap tire collection site will meet the siting and design requirements of
Paragraph (c) of this Rule; D••'- e)-.
(11) A a letter stating that this use complies with local zoning from the unit of local government having
zoning authority over the site. If no zoning is applicable, the unit of local government shall provide
documentation to that effect; effee+
(12) A a letter from the local fire protection authority accepting the responsibility for fire protection
services and an annual fire safety survey for the site; ste-.
(13) A a description of how the scrap tire collection site will meet the operational requirements of Rule
.1107 of this Section; See4i ..
(14) Dew documentation of the operator's ability to meet the financial responsibility
requirements of Rule .1111 of this Section; Seetieir
(15) documentation that all processors or recyclers have access to a disposal site that is permitted to
receive scrap tires;
(16) documentation from the Division of Energy, Land, and Mineral Resources within the Department
stating that the planned site use and operations comply with the requirements of the Sedimentation
Pollution Control Law (15A NCAC 4);
History Note: Authority G.S. 130A-309.57;
Eff. October 1, 499.0.1 990;
Readopted Eff. September 1, 2018.
Page 7 of 15

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1 15A NCAC 13B .1107 is proposed for readoption with substantive changes as follows:
2
3 15A NCAC 13B .1107 SCRAP TIRE COLLECTION SITE OPERATIONAL REQUIREMENTS
4 Scrap tire collection sites shall meet the following operational requirements:
5 (1) Owners and operators of collection sites that process scrap tires shall submit to the Division an
6 annual report by August 1 of each year, for the previous calendar year. The report shall be submitted
7 on a form prescribed by the Division. The following information shall be included in the report:
8 (a) the facility name, address, and permit number;
9 ( the year covered by the report;
10 (c) the total quantity and We of scrap tires or processed tires received at the facili , during
11 the year covered b, the
12 (d) the total quantity and type of scrap tires or processed tires shipped from the facility during
13 the year covered by the report;
14 (e) the quanti , of scrap tires or processed tires shipped to each receiving facility identified by
15 name and address, and
16 (fl the total quantity and type of scrap tires or processed tires located at the facility on January
17 1 of the year covered b. the report.
18 "The Standard for-
19 "
20
21 .
22 (2) All scrap tire collection, preeessfng processing, or disposal sites .e that store scrap tires or
23 processed tires outdoors witts shall comply with the following technical and operational standards:
24 (a) Whole scrap tires shall be placed in an outdoor scrap tire pile(s) having dimensions no
25 greater than 200 feet in length, 50 feet in ••width, and 15 feet in height.
26 (b) A 50-foot wide fire lane shall be placed around the perimeter of each scrap tire pile. Access
27 to the fire lane for emergency vehicles shall be unobstructed and passable at all times.
28 (c) The owner or operator of any scrap tire collection site shall control mosquitoes and rodents
29 so as to protect the public health and welfare. Whole and sksed ap rtial sera„ kes,�
30 ether scrap tires capable of holding water shall be covered upon receipt with a water
31 shedding material or disposed of, pr-eeessed-processed, or removed from the site within ten
32 days of receipt. Sliced scrap tires stacked concave -side down shall not be afe4iet-required
33 to be covered. The Division magpprove other methods of rodent and mosquito control,
34 if the owner or operator submits a request for the proposed method in writingto o the
35 Division, and demonstrates the effectiveness of this method to be protective of public
36 health and the environment, and to comply with the requirements of this Subchapter.
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(d) If the scrap tire collection site receives tires from persons other than the operator of the
site, a sign shall be posted at the entrance of the site and the sign shall state the operating
hours. An attendant shall be present when the site is open for receipt of tires.
(e) No operations involving the use of open flames, blow torches, tefehes or highly flammable
substances shall be conducted within 50 feet of a scrap tire or processed materials pile.
(f) A fire safety survey shall be conducted annually by local fire protection authorities that
accepted responsibility for fire protection services in the letter submitted in accordance
with Rule. 1106(d)(I 2) of this Section;
i Drvisivir.
(g) Communication equipment shall be maintained at the scrap tire collection site to assure
that the site operator eat}is able to contact local fire protection authorities in case of a fire.
(h) The ser-ap tire star -age area(s) within the ser-ap tire eelleetien site shall be kept ffee a
Debris, grass, underbrush, and other potentially flammable vegetation shall not be within
10 feet of scrap tires or processed materials. at all times.
(i) The operator of the scrap tire collection site shall prepare and keep an emergency
preparedness manual at the site. The manual shall be updated at least once a year, or upon
changes in operations at the site. . The manual shall
contain the following elements:
(i) A a list of names and numbers of persons to be contacted in the event of a fire,
flood flood, or other emergency;
(ii) A a list of the emergency response equipment at the scrap tire collection site, its
location, and how it should be used in the event of a fire or other emergency;
(iii) A a description of the procedures that should be followed in the event of a fire,
including procedures to contain and dispose of the oily material generated by the
combustion of large numbers of tires; and
(iv) A a listing of all hazardous materials stored on -site, their location, lee-atiet}s and
information regarding precautions.
materials.
(j) The operator of the scrap tire collection site shall within 24 hours notify the
Division in the event of a fire or other emergency if that emergency has potential off -site
effects. Within two weeks of any emergency involving potential off -site impact, the
operator of the site shall submit to the Division a written report describing the cause(s) of
the emergency, actions taken to deal with the emergency, results of the actions taken, and
an analysis of the success or failure of these actions.
(k) The operator of the scrap tire collection site shall maintain the following records and make
them available for inspection by the Division at the Division's request:
e
Page 9 of 15

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1
(i) a copy of the permit;
2
ii records of the quantity of scrap tires and processed tires received at the site, stored
3
at the site and shipped from the site, including destination (name and address of facilit
4
f "wand
5
iii all certification forms applicable to any tires received, stored stored, or shipped
6
from the site.
7
(1) Unless otherwise specified by the Division in the facility permit, the The -number of scrap
8
tires stored at a scrap tire collection site shall not exceed 60,000 tires on site at any time
9
and shall not exceed the stated number of scrap tires shipped off -site per month plus the
10
stated number of scrap tires disposed of on -site per month, except that the storage limit for
l l
collection sites associated with scrap tire processing facilities shall be determined by
12
multiplying the daily through nut of the processing equipment used by 30. unless atheinwise
13
speeified by the Division. At no time shall more than 60,000
14
tiFe eelleetion site. Storage limits for colleetion sites permitted in asseeiation w
15
prveessing€acilities shall be detefmined as in Rule 1110(a) of this ceet
16
(m) A scrap tire processingfacility shall not accept any scrap tires for processing above the
17
number that may be processed daily if it has reached its storage limit. At least 75 percent
18
of both the scrap tires and processed tires that are delivered to or maintained on the site of
19
the scrap tire processingfacility acility site shall be processed and removed for recycling or
20
disposal at a solid waste management facility permitted by the Division to receive such
21
waste within one year of their receipt.
22
(n) The temperature of any above ground piles of compacted, processed tires over 1,000 cubic
23
yards in size shall be monitored and shall not exceed 300 degrees Fahrenheit. Temperature
24
control measures shall be instituted so that pile temperatures do not exceed 300 degrees
25
Fahrenheit. Temperature monitoring and controls shall not be required for processed tires
26
disposed of in sanitary landfills permitted by the Division to receive such waste.
27
(o) The operator of the scrap tire collection site shall prepare and keep a contingency plan
28
stating disposal methods or other means to handle tires during adverse weather, equipment
29
failure, or other conditions that cause the site to be unavailable.
30
31
this Rule, and in aceor-danee with the feliewiag�
32
(a) The tempefatwe of a*y abwve gr-etmd piles of eempaeted, pr-eeessed tireseyer1,000e4ie
33
yafds in size shall be meniter-ed and may not exeeed 300 degfees Fahfenheit. Temperature
34
eet+tfei measures shall be instittAed so tha4 pile temperatures do not &Eeeed 300 degr-e
35
36
disposed of i ,.o..mitted 4nd f n"
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History Note: Authority G.S. 130A-309.57;
Eff. October 1, 49999-1990;
Readopted Eff. September 1, 2018.
Page 11 of 15

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15A NCAC 13B .1108 is proposed for readoption as a repeal as follows:
15A NCAC 13B .1108 SCRAP TIRE DISPOSAL SITE PERMIT AND OPERATIONAL
REQUIREMENTS
(a) Sefap fife disposal site shall be peffnitted and apefated in aeeefdanee with the pfevisions of ,
Division.and.0505 of this Sttbehaptef. Peffnits shall be feeefded in aeeafdanee with Pudle.0204 of this Stibehaptef. A pfoposal
(b) Semp tifes may not be burned in a pefmitted solid waste ineinefatof without a permit modifieation from th-e
(e) The Opefatof Of a Pem14ted Sefa-P tife disposal site shall fflaintain at his in state plaee Of Pfineipal btisiness, a eopy
disposed of a the site, and all eeftifieation fenns applieable to any tifes feeeived and disposed at the site shall be -
History Note: Authority G.S. 130A-309.57;
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15A NCAC 13B .1109 is proposed for readoption with substantive changes as follows:
15A NCAC 13B .1109 CLOSURE OF NON -CONFORMING SITES
(a) Any scrap tire collection or disposal site whie that does not meet the requirements of this Section shall be closed.
(b) In closing any non -conforming scrap tire site siethe owner or operator shall:
(1) Pr -event ren vent public access to the site;
(2) P-ost post a notice indicating the site is closed and the nearest permitted site where scrap tires may
can be deposited;
(3) l�notif
y the Division of the closing
tomes -prior to tire removal;
(4) Remove remove all scrap tires, processed des -tires and residuals to a waste scrap tire collection site
rrt f eilit,that is permitted in accordance with this Section, or that is exempt from
permitting pursuant to G.S. 130A 309.57(d); or to a solid waste management facility permitted by
the Division to accept scrap tires or processed tires, ^ legitimate user of preeessed tires of othe.
F eility appFeved by th Division. and provide receipts to the Division by a deadline that shall be
specified by the Division; and
(5) Remove remove any solid waste to a pefniit4ed-solid waste management facility permitted by the
Division to receive such waste.€ae3l ,
(6` Provide deethmentatien thm tires -were r-eseiv ed by approved -fas;"�za-a
(7) Noti€y the Depaftment when elesur-e is eamplete.
(c) Once all requirements set forth in Para rg aph (b) of this Rule are complete, the owner or operator shall notify the
Division in writiniz.
History Note: Authority G.S. 130A-309.57;
Eff October 1, 4998.1990;
Readopted Eff.' September], 2018.
Page 13 of 15

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1 15A NCAC 13B .1110 is proposed for readoption as a repeal as follows:
2
3 15A NCAC 13B .1110 SCRAP TIRE PROCESSING FACILITIES
4 (a) Ser-ap tire eelleetieii sites to be pemiitted in asseeiatieft with ser-ap tire pfeeessing f4eilities shall be peffflitted and
5 opefated in aeeefdaneewith the pr-evisions of Rules. 1106 and. 4107 of this Seetion, exeept that the star -age lifnit sha!4
6
7 faeility shall not aceept any ser-ap tifes fef pfoeessing above the number whieh ean be proeessed daily if it has feaehed
8 its storage limit. At least 75 per-eent of both the serap tires and proeessed tifes that afe delivered to of maintained ofl
9 the site of the serap tiFe proeessing faeility site shall be pfoeessed and femoved for Feeyeling of disposal at a permitted
10 solid waste manageffient faeility within one yeaf of theif r-eeeipt. Pfeeessed tifes ster-ed fer- reeyeling of disposal
11 .
12 (b) Wastes festilting ffem the oper-ation of the sefap fife pfeeessing f4eility shall be evaluated in aeeefdanee with 15A
13 NCAC 13B 0 03(e)pfier-t disposal.
14 (c) The owner- or operator- of a ser-ap tire pr-eeessing f4eifity shall record and maintain faf three years the following
15 .
16
17
18 tr-anspeA, the Eltiantity of sefap or- pfoeessed tires shipped with that hatilef, designation of sefap of
19 preeessed tires (name a -ad address of faeility), and doeumentation of r-eeeipt of tires by the reeeiving
20 faeilit};
21
22 merchant identifieation number of the scrap tire hauler who delivered the ser-ap Of pr-00essed tifes to
23 the faeility, the qttantity of ser-ap oF pr-ooessed tires Feeeived ftom that hauler- and where the tires
25
26 130A 309.58(f) &ieept for- Ettiantities of five tires of less br-etight feF pr-oeessing by someone othe
28
29
of eaeh year-, that summarizes the infofmation eolleeted under- Paragraph (e) of this Rule f6r- the pr-evious ealenda-r-
30 year, The fepoft shall be submitted on a fofm pr-eSeFibed and pr-ovided by the Division. The following infofmatio
31 shall be itteluded, at . mini
32 �'0) The facility name, addfess, and pmaitnumbet-, i
33 (2) The .oaf eoveFed by the r-epot4;
34
36 (4) The tatal quantity and type of ser-ap tifes of pfeeessed tires shipped ffem the f4eility dur-ing the yea
37 eover-ed by the ro oft;
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1 (5) The "antity of ser-ap fir -es or pr-eeessed fir -es shipped to eaeh r-eeeiving faeilky identified by n
2 and
3 (6) The tatal "antity a -ad tt,pe of ser-ap fir -es or processed fir -es leea4ed at the faeilitt, en the first d*y--ef
4 the ealen,aa f
6 History Note: Authority G.S.130A-309.57;
Page 15 of 15

From:
Hollis, Carrie
To:
Montie. Jessica
Cc:
Everett, Jennifer; Lorscheider, Ellen; Mussler, Ed
Subject:
RE: Regulatory Impact Analysis for 15A NCAC 13B Section A100 Readoption
Date:
Friday, February 16, 2018 3:14:17 PM
Attachments:
imaae002.Dna
image003.pnno
Jessica,
I have reviewed the proposed scrap tire management rule amendments and the RIA, and I agree
with your assessment that no fiscal note is required.
Have a good weekend,
-Carrie
Carrie Hollis
Economic Analyst
Demographic and Economic Analysis Section
NC Office of State Budget and Management
919 807 4757 office
carrie.hollis(5osbm.nc.gov
116 West Jones Street
20320 Mail Service Center
Raleigh, NC 27699-0320
E-mail correspondence to and from this address may be subject to the North Carolina Public Records
Law (GS 132) and may be disclosed to third parties by an authorized state official.
From: Montie, Jessica
Sent: Wednesday, February 14, 2018 4:45 PM
To: Hollis, Carrie <[e-mail]>
Cc: Everett, Jennifer <[e-mail]>; Lorscheider, Ellen
<[e-mail]>; Mussler, Ed <[e-mail]>
Subject: Regulatory Impact Analysis for 15A NCAC 13B Section .1100 Readoption
Carrie, I have attached for your review a Regulatory Impact Analysis for Readoption and
Amendments to 10 rules in 15A NCAC 13B Section .1100 Scrap Tire Management. The proposed rule
text is included in the file as Appendix 1.
We are taking the proposed rules to the Environmental Management Commission in May 2018 for
public comment and hearing, so we would like to be sure we don't need to have a fiscal note
prepared before the meeting agenda submittal deadline of April 13, 2018. The summary also
includes a rule -making schedule.

Please let me know if you have any questions, and thank you so much for your time.
Jessica Montie
Environmental Program Consultant
Field Operations Branch, Solid Waste Section
Division of Waste Management
NC Dept of Environmental Quality
919 707 8247 office
iessica.montie&ncdenr.gov
Physical Address:
217 West Jones Street
Raleigh, NC 27603
Mailing Address:
1646 Mail Service Center
Raleigh, NC 27699-1646
Ara. clothing Compares
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third
parties by an authorized state official.