Arkansas Administrative Code

8 CAR § 64-1412. Financial assurance. (a)(1) Financial assurance is not required for tire collection centers at the time of applying for and receiving a general permit. (2) However, during the period of general permit coverage, the Division of Environmental Quality may determine …

8 CAR § 64-1501. Permit required. (a) A tire processing facility shall obtain a site-specific permit prior to construction or operation commencement using Form TAP-4. (b) A tire processing facility used for processing not more than five hundred (500) used tires during any thirty …

8 CAR § 64-1502. Storage. (a)(1) All whole tires, used tires, waste tires, recyclable tires, used tires culled for resale, tire bales, processed tires, and residuals shall be stored in accordance with the tire storage requirements in this part. (2) Tires received for processing, …

8 CAR § 64-1503. Duration. At least seventy-five percent (75%) of both the used tires and processed tires that are contained on the property of the tire processing facility must either be processed and removed from the facility during the year received for recycling or disposal o…

8 CAR § 64-1504. Recordkeeping. (a)(1) The owner or operator of a tire processing facility shall record and maintain information regarding their activities for three (3) years. (2) The records shall be available for inspection by Division of Environmental Quality personnel during…

8 CAR § 64-1505. Inspections. (a)(1) The owner or operator must inspect its facility for malfunctions and deterioration, operator errors, and discharges which may be causing or lead to: (A) Release of hazardous constituents to the environment; or (B) A potential threat to human h…

8 CAR § 64-1506. Vector control. An approved vector control program must be operational at all times for tires stored outdoors.

8 CAR § 64-1507. Emergency preparedness. (a)(1) The owner or operator of a tire processing facility shall submit for review and approval an emergency preparedness plan that adequately mitigates all fire hazards and provides for the safety and health of all persons who may be pote…

8 CAR § 64-1508. Operator license requirement. An operator at a tire processing facility shall be licensed as a solid waste management facility operator in accordance with Licensing of Operators of Solid Waste Management Facilities and Environmental Officers, 8 CAR pt. 62.

8 CAR § 64-1509. Application and annual permit fees. (a)(1) Applications for a site-specific tire processing facility permit shall be submitted to the Division of Environmental Quality using Form TAP-4 (Used Tire Collection and Processing Facility Permit Application). (2) Enginee…

8 CAR § 64-1510. Disclosure statement. (a) Except as provided under subsection (b) of this section, the applicant shall file a disclosure statement at the time the application is submitted. (b) The following entities are exempt from filing a disclosure statement under this sectio…

8 CAR § 64-1511. Permit transfers. (a) A site-specific permit for a tire processing facility may be transferred if the current permittee submits an administratively and technically complete application including the following: (1) A written request for the permit transfer; (2) A …

8 CAR § 64-1512. Annual reporting. (a) An owner or operator of a tire processing facility shall submit to the Division of Environmental Quality an annual report by June 30 that summarizes information on the activities of the tire processing facility. (b) The report shall be submi…

8 CAR § 64-1513. Closure plan. (a) All site-specific permits shall include a closure plan. (b) The closure plan shall include: (1) A written description of how the closure requirements will be met; (2) A closure schedule, including time period for completion; (3) A plan for site …

8 CAR § 64-1514. Closure approval. (a)(1) After receiving written notification that site closure is complete, the Division of Environmental Quality shall inspect the site. (2) If the closure is found to meet the terms of the approved closure plan and rules, the division shall app…

8 CAR § 64-1515. Financial assurance. (a)(1) Owners or operators of used tire processing facilities must file and maintain financial assurance of closure with the Division of Environmental Quality as set forth in Solid Waste Management Rules, 8 CAR pt. 60. (2) Owners or operators…

8 CAR § 64-1601. Repealer. All rules and parts of rules currently promulgated by the Arkansas Pollution Control and Ecology Commission that are in conflict with this part are repealed to the extent of the conflict.

8 CAR § 64-1602. Severability. (a) The provisions of this part are severable. (b) If any part of this part is declared invalid or unenforceable by a court, the remainder of the part will continue to be valid and enforceable.

8 CAR § 64-1603. Effective date. This part shall be effective ten (10) days after filing with the: (1) Secretary of State; (2) Arkansas State Library; and (3) Bureau of Legislative Research.

8 CAR § 64-201. Generally. (a)(1) The programs established by the Used Tire Recycling and Accountability Act, Arkansas Code § 8-9-401 et seq., that govern the collection and management of used tires are known as used tire programs. (2) Pursuant to Arkansas Code § 8-9-401 et seq.,…

8 CAR § 64-202. Eligibility for reimbursement. To be eligible for reimbursements under this part and the Used Tire Recycling and Accountability Act, Arkansas Code § 8-9-401 et seq., a used tire program shall: (1) Be included in the solid waste management system under Arkansas Cod…

8 CAR § 64-203. Optional activities. A used tire program that receives reimbursements from the Used Tire Recycling Fund, the Used Tire Recycling and Accountability Act, Arkansas Code § 8-9-401 et seq., and this part may: (1) Contract with a tire processing facility; (2) Remove or…

8 CAR § 64-204. Additional fees for extra-large tires. (a)(1) A used tire program that accepts extra-large tires may establish its own fees for accepting extra-large tires. (2) Agricultural tires are exempted from fees provided advanced arrangements are made with the used tire pr…

8 CAR § 64-205. Maximum quantity of tires. (a)(1) An individual who is a resident of a used tire program may discard no more than four (4) used tires of any size per month without an additional fee. (2) Agricultural businesses are considered individuals for purposes of this secti…

8 CAR § 64-206. Tire disposal facility restrictions. (a) No new tire disposal facilities shall be permitted unless the applicant demonstrates that there is no feasible recycling alternative. (b) Tire disposal facilities shall be permitted, designed, constructed, and operated in a…

8 CAR § 64-207. Enforcement. A used tire program is subject to penalties, enforcement, or both for noncompliance with this part including: (1) Failure to submit a business plan as required under Subpart 3 of this part; (2) Failure to submit a revised business plan upon written no…

8 CAR § 64-208. Penalties. (a) If a used tire program fails to submit a business plan that is approved by the Division of Environmental Quality, the used tire program is: (1) Ineligible to receive funding from the Used Tire Recycling Fund; (2) Prohibited from administering and op…

8 CAR § 64-209. Used tire management plan. (a) Each used tire program shall develop a used tire management plan that includes the following: (1) Listing of all waste tire sites within the used tire program area (site name and address); (2) The quantity of waste tires located at e…

8 CAR § 64-301. Initial business plans. (a) A used tire program that receives funding from the Used Tire Recycling Fund shall have a Division of Environmental Quality-approved business plan that establishes its current operation expenses and proposed future operation plans. (b) T…

8 CAR § 64-302. Overview information. Used tire program overview information shall include any of the following information as determined applicable by the Division of Environmental Quality: (1) Square mileage of the used tire program; (2) Population served by the used tire progr…

8 CAR § 64-303. Minimum required information. The minimum required information for the business plan is: (1) Operation information from the previous twelve (12) months to include: (A) An explanation of debt and debt repayment obligations, including scheduled payments and to whom …

8 CAR § 64-304. Revised business plans. (a) A used tire program shall provide an updated business plan to the Division of Environmental Quality related to operational changes and long-term planning within thirty (30) calendar days of the operational or planning changes. (b) A rev…

8 CAR § 64-305. Approval process. (a) The Division of Environmental Quality or its designee shall evaluate the efficiency, sustainability, and accountability of each used tire program and its proposed cost of managing small tires and large tires for approval of the business plan …

8 CAR § 64-306. Effective date. A business plan or revised business plan submitted is effective upon written approval by the Division of Environmental Quality or its designee, the Arkansas Pollution Control and Ecology Commission, and Legislative Council.

8 CAR § 64-307. Failure to submit an approved business plan. (a) If a used tire program fails to submit a new business plan for approval by the Division of Environmental Quality on or before September 1, 2023, the used tire program is: (1) Ineligible to receive funding from the U…

8 CAR § 64-308. Designated qualified entity. (a) The Division of Environmental Quality may designate a qualified entity to perform the duties related to the operation and administration of a used tire program deemed ineligible under this part. (b) A qualified entity that is desig…

8 CAR § 64-401. Generally. The used tire program will be evaluated for performance and efficiency by the Division of Environmental Quality under the Tire Accountability Program.

8 CAR § 64-402. Performance indicators. The Division of Environmental Quality will evaluate the business plans using the following performance indicators for each used tire program: (1) The quantity of: (A) Recyclable tires; and (B) Waste tires disposed in a landfill; (2) The num…

8 CAR § 64-403. Biennial evaluations. (a) The Division of Environmental Quality will conduct evaluations of the business plans every two (2) years for each used tire program. (b) The first evaluation will be completed on or before December 31, 2018.

8 CAR § 64-501. Purpose. (a) The purpose of this subpart is to establish procedures for implementing and administering the electronic uniform used tire manifest system (e-manifest system). (b) The purpose of the e-manifest system is to provide accountability and sustainability by…

8 CAR § 64-502. E-manifest system use required. (a) Beginning on January 1, 2018, and except as provided under subsection (c) of this section, the following entities shall use Form TAP-11 to accurately document all information related to the collection, transportation, distributi…

8 CAR § 64-503. Submission of e-manifest information on paper. If any person required to use the e-manifest system under this subpart is unable to use the e-manifest system, the person may submit to the used tire program an equivalent paper version (Form TAP-11) developed by the …

8 CAR § 64-504. Submitting e-manifests. (a)(1) A person required to use the e-manifest system shall submit a new e-manifest or paper manifest for each transaction involving the collection, transportation, distribution, recycling, or disposal of: (A) Recyclable tires; (B) Waste ti…

8 CAR § 64-505. Timely submission of accurate data. (a) Every person required to use the e-manifest system shall submit data that accurately reflects each transaction, whether the data is entered electronically or submitted in paper form. (b) To be considered a timely submission …

8 CAR § 64-506. Falsification or alteration of e-manifest system data. (a) A person shall not falsify or alter any e-manifest system data, whether on the paper Form TAP-11 or the e-manifest system form, provided by that person or any other person. (b) Any errors made or discovere…

8 CAR § 64-601. Registration. When a tire generator registers with the Department of Finance and Administration as a collector of the rim removal fee, the registration will include a procedure for registering with the Division of Environmental Quality to obtain an identifying num…

8 CAR § 64-602. Types of tire generators. Tire generators include: (1) A tire retailer; (2) A tire transporter; (3) A tire wholesaler; (4) A tire manufacturer; (5) A manufacturer of retreaded tires; (6) A new car dealer; (7) A used car dealer; (8) An auto repair shop; or (9) A sa…