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Ky.gov An Official Website of the Commonwealth of Kentucky

Energy and Environment Cabinet

Division of Waste Management
Solid Waste Program

Waste Tire Permitting 
 
A waste tire program exists in Kentucky to manage waste tires. Waste tires are considered to be tires not used for their original, intended purpose due to wear or damage, used tires stored for resale, and processed waste tire material. On-the-road tires, as well as off-road tires, are subject to the Kentucky’s Waste Tire Program, which requires transporters, accumulators and processors of waste tires to obtain a registration and post-financial assurance. The waste tire statutes are at KRS 224.50-842 through KRS 224.50-880, and may be obtained from the Legislative Research Commission.
 
Exemptions 
There is an exception for tire storage for resale (224.50-854). Also exempt are transporters who haul less than 50 tires at a time, processors who accumulate for processing fewer than 25 tires, or accumulators who possess no more than 100 tires. Tire retailers and automotive recycling dealers (auto salvage yards) may accumulate up to 1,000 tires without being required to register. Tire retailers may also transport up to 1,000 tires at a time that have accumulated at the retail facility without registering (224.50-856).  While exempt from registration, waste tires must still be stored and managed in compliance with the Environmental Performance Standards.
 
Registration 
If you are accumulating, transporting or processing waste tires and do not meet one of the exemptions above, you must obtain a registration for that activity. The process of registration, requirements for waste tire registrants, and calculations for financial assurance are at KRS 224.50-858, 50-860 and 50-862, respectively. 
 
The process of registration consists of completion and submittal of at least three forms, depending on the scope of the proposed operation.  All applicants must complete form DEP 7101A "Waste Tire Facility Registration."  Waste tire transporters must also complete form DEP 7101D2 "Performance Bond for Waste Tire Registrants (Transporters)," and one of three financial assurance forms (DEP 7101E, DEP 7101F, or DEP 7101I) depending on the type of financial assurance that will be provided (surety bond, irrevocable letter of credit, or certificate of insurance, respectively). The only difference for waste tire accumulators or processors is a different performance bond form, DEP 7101D1 "Performance Bond for Waste Tire Registrants (Processors and Accumulators)," with all other requirements being the same. Application forms may be found at the DEP Forms Library.
 
 
Passenger Tire Equivalents 
Waste tires are counted/measured by the designation of one passenger tire equivalent (PTE). One PTE is one whole waste tire with an inside bead diameter of less than 19 inches. If the waste tire has a bead diameter equal or greater than 19 inches it shall equal five passenger tire equivalents. For off-the-road tires (OTRs) purposes, the most appropriate method to determine equivalent PTEs per KRS 224.50-862 is one PTE is equal to 20 pounds of waste tires. Other measurements and/or equations can be found in KRS 224.50-862 (2)(a) – (f). 
 
The amount of financial assurance to be posted is $1 per PTE, with a minimum of $10,000 regardless of the type(s) of activities proposed that require registration. The bond amount must be increased accordingly before additional tires are accepted on site.
 
Closure
When a registered accumulator, transporter or processor is ready to close its business, it must comply with the closure requirements of KRS 224.50-864.  This statute requires notifying the cabinet, removing all waste tires, conducting any required corrective action in accordance with KRS 224.50-866 and providing certification to the cabinet that all closure requirements have been performed.  The cabinet will not release any financial assurance until it has determined that closure has been completed in accordance with the law. 
 
Questions
Contact Robin Green (RobinC.Green@ky.gov) for general compliance issues, John Arnett (JohnM.Arnett@ky.gov) for questions about financial assurance, or Jamie Nielsen (Jamie.Nielsen@ky.gov) for questions about the Applicant Disclosure Statement contained within the waste tire facility registration form.  All of the above may also be reached by telephone at 502-564-6716.