April 15, 2026

EPA Considers Adding Abandoned Tires as Part 241 Non-Waste Fuels

On March 23, 2026, EPA proposed to designate abandoned scrap tires that are combusted in cement kilns as non-waste fuel. [91 FR 13804] The agency also wants to revise the definition of “established tire collection program” to include abandoned scrap tires that are recovered for use as fuel, so they can be managed the same as collected scrap tires. These provisions would amend the RCRA nonhazardous secondary material (NHSM) regulations found in 40 CFR Part 241. A discussion of non-waste fuel determinations and the Part 241 regulations can be found in a previous article and EPA’s Guide for Waste/Non-Waste Determinations. In essence, the determination impacts how the units burning such materials are regulated—units burning non-wastes (i.e., fuels) are regulated under CAA Section 112 [42 U.S.C. Section 7412], while units burning wastes are subject to more stringent provisions under CAA Section 129 [42 U.S.C. Section 7429].

Under the existing regulations, tires that are abandoned or otherwise discarded cannot be combusted as non-waste fuel without first being “processed” under the §241.2 definition (e.g., sufficient metal/wire removal). In contrast, tires managed through an established tire collection program are not considered discarded and are non-waste fuel when combusted whole or, if shredded, without metal removal before combustion, per the categorical non-waste determination in §241.4(a)(1). EPA recognizes abandoned scrap tires are largely physically and chemically identical to scrap tires collected through an established collection program, and should thus be regulated in the same manner. Specifically, the agency’s proposal would:

Revise the §241.2 definition of “established tire collection program” to read, “a comprehensive collection system or contractual arrangement that ensures scrap tires are handled as valuable commodities through arrival at the combustion facility. This can include scrap tires that were received from the general public at collection program events and previously abandoned scrap tires that were recovered for use as fuel.”
Create a new §241.4(a)(11) categorical non-waste determination for “Previously abandoned scrap tires managed as valuable commodities from the point of recovery through use as a fuel in cement kilns (with or without shredding).”

If the rule is finalized, abandoned scrap tires will no longer need to be shredded or dewired to meet the processing criteria for non-waste fuel when managed through an established tire collection program. Because whole abandoned scrap tires would no longer be solid waste when recovered, an established tire collection program could manage them the same way it manages other scrap tires it collects. Comments on the proposal may be submitted through May 22, 2026 via Docket ID No. EPA-HQ-OLEM-2025-1609.

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