Title of Regulation: 9VAC20-150. Waste Tire End User Reimbursement Regulation (amending 9VAC20-150-10, 9VAC20-150-40, 9VAC20-150-50, 9VAC20-150-80, 9VAC20-150-100 through 9VAC20-150-130; adding 9VAC20-150-25; repealing 9VAC20-150-30).

Statutory Authority: §§ 10.1-1402 and 10.1-1422.4 of the Code of Virginia.

Effective Date: July 25, 2016.

Agency Contact: Leslie D. Beckwith, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4123, FAX (804) 698-4234, TTY (804) 698-4021, or email leslie.beckwith@deq.virginia.gov.

Summary:

The amendments revise terminology for consistency with state statute, make clarifying changes, and amend the reporting requirements for waste tires that qualify an eligible end user for reimbursement.

Part I
Definitions

9VAC20-150-10. Definitions.

A. The definitions set out in Part I of the Solid Waste Management Regulations (9VAC20-81) are incorporated by reference.

B. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Applicant" means any person or persons seeking reimbursement under this chapter.

"Asphalt pavement containing recycled rubber" means any hot mix or spray applied binder in asphalt paving mixture that contains rubber from waste tire materials which is used for asphalt pavement base, surface course or interlayer, or other road and highway related uses.

"Authorized signature" means the signature of an individual who has authority to sign on behalf of, and bind, the applicant.

"Available funds" means for a given fiscal year, a maximum of 80% of the previous fiscal year's collection of the waste tire tax plus 85% of nonobligated carryover funds at the end of the previous fiscal year.

"Burning" means the controlled burning of waste tire materials for the purpose of energy recovery.

"Collector" means a person who receives waste tires from a generator or hauler for the purpose of delivery to a permitted storage, processing, or disposal facility.

"Cost of use" means the equipment, leasehold improvements, buildings, land, engineering, transportation, operating, taxes, interest, and depreciation or replacement costs of using waste tire materials incurred by the end user after deducting any tipping fee received by the end user.

"Daily cover" means using waste tire material as an alternate cover placed upon exposed solid waste to control disease vectors, fires, odors, blowing litter and scavenging without presenting a threat to human health and the environment.

"Department" means the Department of Environmental Quality.

"Director" means the Director of the Department of Environmental Quality or the director's designee.

"Embankment" means a raised earthen structure to carry a roadway.

"End user" means:

1. For energy resource recovery:, the person who utilizes the heat content or other forms of energy from the burning incineration or pyrolysis of waste tire tires, chips, or similar materials;

2. For other eligible uses: of waste tires, the last person who uses the waste tire tires, chips, or similar materials to make a product with economic value. If the waste tire materials are is processed by more than one person in becoming a product, the end user is the last person to use the tire as waste a tire materials, tire chips, or as similar material. A person who produces waste distributes tire chips or similar materials and gives or sells them to another person to use is not an end user.

"Energy recovery" means utilizing the heat content or other forms of energy from the burning or pyrolysis of waste tire materials.

"Fill material for construction" means the material is used as a base or sub-base under the footprint of a structure, a paved parking lot, sidewalk, walkway or similar application.

"Generator" means any person whose act or process produces waste tires or whose act first causes a tire to become a solid waste.

"Hauler" means a person who picks up or transports waste tires for the purpose of removal to a permitted storage, processing or disposal facility.

"Partial reimbursement" means reimbursement that does not exceed the purchase price of waste tire materials or the cost of use if the waste tire materials were not purchased.

"Passenger tire equivalent" means a measure of passenger, truck tires, and oversize tires where: One passenger car tire equals 20 pounds or 1/100 ton. One truck tire 20-24 inch rim equals 100 pounds or 1/200 ton and a tire with over 24-inch rim equals 200 pounds or greater as computed by the end user.

"Processor" means a person engaged in the processing of waste tires including, but not limited to, stamping, stripping, shredding, or crumbing; that operates under a permit issued by the local, state, or federal government; or is exempt from permit requirements.

"Pyrolysis" means thermal treatment of waste tire materials to separate it into other components with economic value.

"Retreading" means processing a waste tire by attaching a new tread to make a usable tire.

"Road bed base" means the foundation of a road prepared for surfacing.

"Tipping fee" means a fee charged to a person for disposal of a waste tire.

"Tire" means a continuous solid or pneumatic rubber covering encircling the wheel of a vehicle in which a person or property is transported, or by which they may be drawn on a highway.

"Tire pile" means an accumulation of waste tire materials that violates the Solid Waste Management Regulations (9VAC20-81).

"Waste tire" means a tire that has been discarded because it is no longer suitable for its original intended purpose because of wear, damage or defect.

"Waste tire materials" means whole waste tires or waste tires that have been size reduced by physical or chemical process. This term includes waste tires or chips or similar materials as specified in §§ 10.1-1422.3 and 10.1-1422.4 of the Code of Virginia.

"Waste Tire Trust Fund" means the nonreverting fund set up by § 10.1-1422.3 of the Code of Virginia in which proceeds from the waste tire tax recycling fee are deposited.

9VAC20-150-25. Compliance with other requirements.

Any removal or processing of waste tires must be conducted in accordance with all applicable local, state, and federal laws and regulations and in accordance with applicable departmental policies.

9VAC20-150-30. Regulations review. (Repealed.)

This chapter will be reviewed every six months by the director to determine whether the regulations should be continued, amended, or terminated based on the intent to enhance markets for waste tires, chips, or similar tire materials that is specified in the authorizing legislation.

Part III

Eligibility for Reimbursement

9VAC20-150-40. End uses of waste tires eligible for reimbursement.

A. The following uses of waste tire materials will be eligible for the reimbursement if the use complies with applicable local ordinances and regulations and the Solid Waste Management Regulations (9VAC20-81) or the equivalent regulations in another state. The eligible uses are:

1. Civil engineering applications, which utilize waste tire materials as a substitute for soil, sand, or aggregate in a construction project such as land or surface applications, road bed base and embankments; fill material for construction projects; and daily cover and other substitutions at a permitted solid waste facility if the facility's permit is so modified;

2. Burning Incineration of waste tire materials for energy recovery; and

3. Pyrolysis; and.

4. Products B. Producing products made from waste tire materials such as molded rubber products, rubberized asphalt, soil amendments, playground and horse arena surfacing materials, mulches, mats, sealers, etc. is eligible for end user reimbursement.

B. C. Uses that are not eligible for reimbursement include:

1. Reuse as a vehicle tire;

2. Retreading;

3. Burning without energy recovery; and

4. Landfilling, except use as specified in subdivision A 1 of this section.

9VAC20-150-50. Eligible end users.

A. To be eligible for a reimbursement, the applicant shall be the end user of the waste tire materials as defined in Part I of this chapter. The end user need not be located in Virginia.

B. To be eligible for a reimbursement, the waste tire materials utilized by the end user must be:

1. Waste tire materials from waste tires generated in Virginia and be documented as such according to the requirements in Part V of this chapter; and

2. Utilized through a method specified in 9VAC20-150-40.

C. Distributors of products made from waste tire materials listed in 9VAC20-150-40 B are not eligible for end user reimbursement.

9VAC20-150-80. Maximum rate of reimbursement.

A. The maximum amount of the reimbursement for waste tires specified in 9VAC20-150-100 A 1 shall be $22.50.

B. The maximum amount of the reimbursement for waste tires specified in 9VAC20-150-100 A 2 and A 3 shall be $50 per ton, increasing to $75 per ton beginning October 25, 2002, and $100 per ton beginning July 1, 2003, subject to available funding.

Part V
Virginia Generated Waste Tires

9VAC20-150-100. Qualification as Virginia generated waste tires.

A. A Virginia generated waste tire is a waste tire that is:

1. Discarded as the result of a sale, trade, or exchange in Virginia;

2. From a Virginia tire pile that existed prior to December 20, 1994; or

3. From a Virginia tire pile that was created without the property owner's knowledge or permission.

B. Tires qualifying for subdivision A 2 or A 3 of this section must be certified as such through a field inspection conducted by the department using department form DEQ-CERT 12/97.

C. Before removal of any tires from a site which meets the criteria of subdivision A 2 or A 3 of this section, a hazard prevention plan, prepared in accordance with department guidelines, must be fully implemented.

9VAC20-150-110. Documentation.

A. To be considered as Virginia generated waste tires eligible for reimbursement, the waste tires must be documented as such in a manner acceptable to the director department. Acceptable documentation must provide at a minimum a certifying statement signed by the end user stating that the waste tires are Virginia generated in accordance with the requirements of 9VAC20-150-100. One type of acceptable documentation is form DEQ-WTC, completed in the following manner: DEQ-WTC. All documentation submitted shall include the information listed in this section, as applicable.

1. Completion of Part 1 by the generator. The generator, who has the waste tires for disposal, must fill in all pertinent information in Part 1 and sign the statement certifying that the waste tires are Virginia generated in accordance with the requirements of 9VAC20-150-100. When the generator is not known, the property owner is the generator.

2. Completion of Part 2 by the hauler if applicable. The hauler must fill in all pertinent information in Part 2 and sign the statement certifying that he accepted the waste tire materials in the amounts indicated from the generator in Part 1.

3. Completion of Part 3 by the collector, if applicable. The collector must fill in all pertinent information in Part 3 and sign the statement certifying that he accepted the waste tire materials in the amounts indicated from the hauler or generator as applicable.

4. Completion of Part 4 by the processor. The processor must fill in all pertinent information and sign the statement certifying that he accepted the waste tire materials in the amounts indicated from a generator, hauler and/or collector, as applicable.

B. Generators shall submit the following information:

1. Generator's company name;

2. Mailing address;

3. Telephone number;

4. Business identification number (ID) or Virginia driver's license number (VDL);

5. Physical location of where the waste tires were generated;

6. The number of car or light truck tires, truck tires, oversize tires, or the tire materials in tons; and

7. The following certification signed by the generator "I certify under penalty of law that the information submitted on this document is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of a fine and imprisonment for willful violations. I further certify that, to the best of my knowledge and belief, all the waste tire materials identified by me on this document and delivered to the hauler below were generated in the Commonwealth of Virginia in accordance with the Waste Tire End User Reimbursement Regulations (9VAC20-150)."

C. Haulers shall submit the following information:

1. Hauler's company name;

2. Mailing address;

3. Telephone number;

4. Business ID or VDL;

5. The number of car or light truck tires, truck tires, oversize tires, or the tire materials in tons; and

6. The following certification signed by the hauler "I certify that the waste tire materials listed in this section of this document were received from the generator in the amounts indicated, to the best of my knowledge and belief."

D. Collectors shall submit the following information:

1. Collector's company name;

2. Mailing address;

3. Telephone number;

4. Business ID or VDL;

5. The number of car or light truck tires, truck tires, oversize tires, or the tire materials in tons; and

6. The following certification signed by the collector "I certify that the waste tire materials listed in this section of this document were received from the generator or hauler in the amounts indicated, to the best of my knowledge and belief."

E. Processors shall submit the following information:

1. Processor's company name;

2. Mailing address;

3. Telephone number;

4. Business ID or VDL;

5. The number of car or light truck tires, truck tires, oversize tires, or the tire materials in tons; and

6. The following certification signed by the processor "I certify that the waste tire materials listed in this section of this document were received from the generator, hauler, or collector in the amounts indicated, to the best of my knowledge and belief."

Part VI

Application Procedures

9VAC20-150-120. Application for reimbursement.

A. A person may apply to the director department for reimbursement from the Waste Tire Trust Fund on a monthly or quarterly basis for utilizing waste tire materials if the request for reimbursement is complete and complies with other provisions of this chapter.

B. The minimum reimbursement application amount is 5,000 passenger tire equivalents or 50 10 tons of waste tire materials used. Lesser amounts may be considered on a case-by-case basis.

C. In order to apply for reimbursement, the utilization of the waste tire materials must occur after December 20, 1994.

D. An applicant for reimbursement must file form DEQ-EURR with the director department, providing at a minimum:

1. Applicant's name and address;

2. Name and location of facility where end use occurs;

3. A description of the end use;

4. A statement of the purchase price paid for the waste tire materials or, if the waste tire materials were not purchased, the cost of use; and

5. An authorized signature.

E. Application for quarterly reimbursement will be accepted up to the last business day of the month following a calendar quarter. Applications received after the one-month deadline will be considered late and reimbursement will not be considered for that calendar quarter. Such a late application will be considered in the following calendar month with other monthly applications.

Application for monthly reimbursement will be accepted up to the 15th calendar day of the month following a month. Applications received after the 15-day deadline will be considered late and reimbursement will not be considered for that month. Such a late application will be considered in the following month.

F. E. An applicant for a reimbursement for utilization of waste tire materials is subject to audit by the director department. Applicants shall allow access to all records related to waste tire management activities during normal business hours for the purpose of determining compliance with this chapter for five years from the date of reimbursement.

G. F. In addition to any other penalty imposed by law, any person who knowingly or intentionally provides false information to the director department in applying for a reimbursement shall be ineligible to receive any reimbursement under this chapter.

Part VII

Processing of Applications

9VAC20-150-130. Review of application.

A. The director department shall review the reimbursement application form, DEQ-EURR, for completeness and eligibility within three 10 working days of receipt.

B. If an application is not complete as required in 9VAC20-150-120 D, the director department may require the applicant to submit the missing information. The director department may delay reimbursement until the information is received.

C. The director department will process for payment all applications for reimbursement that are complete and in compliance with the regulations up to the amount of available funds. The complete applications will be processed in the order received and until available funds are exhausted. When available funds for a given fiscal year are exhausted, all remaining eligible applications will be held and paid first in the following fiscal year.

D. When If an applicant believes an error has been made in the review of or response to his application, he shall notify the director department in writing within 30 days of receiving the director's department's response. The notice shall contain a copy of the application and the director's response, applicant shall submit to the department a brief statement describing the believed error, and copies of any documents supporting the statement.

The director department shall review the notice applicant's response and attached documents and may further investigate review the matter. The director department shall advise the respond to the applicant in writing in due course of his response to the applicant's notice of error concerning the review of the information submitted by the applicant.

If the director department concludes that an error has been made, he shall reinstate the application and act on it shall be reprocessed by the department. If the available funds are exhausted, and would not have been had the director acted correctly on the application originally, the reinstated not available, the reprocessed application shall be carried over to the next year and paid from available funds.

FORMS (9VAC20-150)

Waste Tire Pile Certification, DEQ-CERT, No. 154 (rev. 3/2010)

End User Reimbursement Application, DEQ-EURR (rev. 5/2016)

Waste Tire Certification, DEQ-WTC (rev. 4/2016)