On March 23, 2026, the U.S. Environmental Protection Agency (EPA) published a proposed rule in the Federal Register titled "Protecting Public Health and Unleashing American Energy by Facilitating Scrap Tire Pile Cleanups" (Docket No. 2026-05586). This proposal carries significant regulatory implications for cement kiln operators, waste management facilities, state environmental agencies, and any organization currently managing — or sitting adjacent to — legacy scrap tire piles.
The core shift is straightforward but consequential: the EPA is proposing to designate scrap tires combusted in cement kilns — including previously abandoned scrap tires — as non-waste fuel, effectively removing them from the regulatory oversight burden of solid waste management under the Resource Conservation and Recovery Act (RCRA). Simultaneously, the Agency is proposing to revise the definition of "established tire collection program" to encompass abandoned scrap tires recovered for use as fuel, aligning their treatment with that of collected scrap tires.
If your organization generates, stores, transports, or combusts scrap tires, this rulemaking is not background noise. It is a material change to your compliance obligations — and potentially a significant cost and liability opportunity.
Why This Rule Matters Now: The Public Health and Energy Context
Scrap tire piles are not a niche environmental problem. The EPA estimates that approximately 300 million scrap tires are generated in the United States each year, and legacy stockpiles containing hundreds of millions of additional tires remain scattered across the country. These piles present acute public health hazards: they serve as breeding grounds for mosquito vectors of West Nile virus and Zika virus, create fire risks that can burn for weeks or months releasing toxic smoke, and leach contaminants into groundwater.
Beyond the health dimension, scrap tires represent a substantial, underutilized energy resource. Each scrap tire contains roughly 15,000 BTUs per pound — a heat value comparable to coal — making them a high-value supplemental fuel for energy-intensive industrial processes like cement manufacturing. Cement kilns already operate at temperatures exceeding 2,700°F, conditions that enable near-complete combustion and make them among the most effective consumers of tire-derived fuel (TDF).
The Biden-to-Trump regulatory transition has accelerated interest in removing regulatory friction from domestic energy recovery. This proposed rule sits squarely at the intersection of public health remediation and the administration's broader "Unleashing American Energy" executive priority. Facilities that position themselves now — before the final rule is promulgated — will have a first-mover compliance and operational advantage.
What the Rule Actually Proposes: Three Key Changes
1. Non-Waste Fuel Designation for Scrap Tires Combusted in Cement Kilns
Under current RCRA regulations (40 CFR Part 241), materials burned for energy recovery can be classified as either "solid waste" or "non-waste" depending on their origin and handling. When a material is classified as solid waste, combustion facilities must comply with more stringent requirements under 40 CFR Part 63 Subpart LLL (National Emission Standards for Hazardous Air Pollutants for Portland Cement Manufacturing) or the Commercial and Industrial Solid Waste Incineration (CISWI) rules.
The proposed rule would designate scrap tires — including previously abandoned tires — as non-waste fuel when combusted in cement kilns. This removes the "solid waste" classification burden for qualifying tire-derived fuel, streamlining the permitting and compliance pathway considerably.
This matters because the non-waste designation eliminates the need to comply with certain solid waste combustion standards under RCRA Subtitle C and Subtitle D, reducing reporting, manifesting, and operational overhead for both the facility burning the tires and the entities supplying them.
2. Revised Definition of "Established Tire Collection Program"
Currently, only scrap tires collected through a formal, established tire collection program can be managed under the more favorable regulatory framework applicable to collected scrap tires. Abandoned tires — those left in illegal dumpsites, roadsides, vacant lots, or legacy stockpiles — have historically been treated differently, subjecting cleanup operators to more burdensome waste management requirements.
The proposed revision to the "established tire collection program" definition would include abandoned scrap tires recovered for use as fuel, allowing them to be managed under the same regulatory framework as tires collected through traditional channels. This is a direct response to a regulatory barrier that has, until now, disincentivized the remediation of abandoned tire piles.
3. Integration with Broader "Unleashing American Energy" Policy Priorities
The rulemaking is explicitly framed within the Trump Administration's executive orders on domestic energy development. By facilitating the use of scrap tires as non-waste fuel in cement kilns, the rule supports domestic energy recovery, reduces dependence on imported fuel, and enables productive use of a material that currently creates liability and cost for property owners, municipalities, and state governments.
Regulatory Framework: Key Citations You Need to Know
| Regulatory Reference | Description | Relevance to Proposed Rule |
|---|---|---|
| 40 CFR Part 241 | Non-Hazardous Secondary Materials (NHSM) as Fuels | Primary framework for non-waste fuel designation |
| 40 CFR Part 60 Subpart LLL | NSPS for Portland Cement Manufacturing | Applies if tires remain classified as solid waste |
| 40 CFR Part 63 Subpart LLL | NESHAP for Portland Cement Manufacturing | Emission standards affected by waste classification |
| RCRA Subtitle C | Hazardous Waste Management | Relevant if tires are co-mingled with hazardous material |
| RCRA Subtitle D | Solid Waste Management | Current framework governing scrap tire stockpiles |
| Federal Register 2026-05586 | Proposed Rule (March 23, 2026) | The rulemaking document itself |
| Executive Order: Unleashing American Energy | Trump Administration Policy Directive | Policy basis driving the rulemaking |
Who Is Affected — and How
Cement Kiln Operators
This is the group with the most direct and immediate compliance interest. If you currently combust tire-derived fuel (TDF) or are considering doing so, the proposed non-waste designation would: - Remove the obligation to comply with solid waste combustion rules for qualifying tire fuel - Reduce recordkeeping and manifesting requirements associated with solid waste status - Potentially streamline air permit requirements at the state level (though state-level rules will vary)
Action item: Begin a gap analysis now comparing your current TDF handling and documentation practices against the non-waste fuel pathway requirements under 40 CFR Part 241.
Scrap Tire Processors and Transporters
The revised definition of "established tire collection program" creates a new channel for legitimate recovery of abandoned tires. If you operate tire shredding, crumbing, or processing facilities, this rule opens a regulatory pathway to source tires from previously inaccessible legacy piles without triggering the more cumbersome abandoned waste regulatory requirements.
Action item: Review your supplier agreements and material sourcing documentation. You'll want to establish chain-of-custody records that demonstrate compliance with the new "established collection" definition once the final rule is effective.
Property Owners and Municipalities with Legacy Tire Piles
Landowners sitting on abandoned tire stockpiles face real liability under current rules. The proposed rule lowers the cost and regulatory friction of remediation by creating a market pathway — combustion in cement kilns — that is more accessible than before.
Action item: Engage with a certified environmental compliance consultant to assess your tire pile inventory and evaluate whether the proposed non-waste pathway applies to your situation.
State Environmental Agencies
RCRA is largely implemented through authorized state programs. States with EPA RCRA authorization will need to evaluate whether their existing regulations are consistent with or more stringent than the federal rule. Some states may need to update their own definitions and frameworks to maintain primacy.
Action item: State-level environmental compliance officers should begin engaging with their EPA Regional offices to understand the implications for state program authorization and any required state-level rulemakings.
Timeline and Key Deadlines
The proposed rule was published on March 23, 2026. As of the date of this article, the public comment period is open. Here is what to track:
| Milestone | Expected Date | Notes |
|---|---|---|
| Proposed Rule Published | March 23, 2026 | Federal Register Docket 2026-05586 |
| Public Comment Period Closes | TBD (typically 60 days) | Approximately late May 2026 — monitor the docket |
| Final Rule Promulgation | TBD | Subject to comment review and interagency clearance |
| Effective Date of Final Rule | TBD | Typically 30–60 days post-publication of final rule |
| State Program Update Deadlines | Varies by state | Consult your EPA Regional office |
Critical compliance note: The rule is currently in proposed status. Facilities cannot rely on the non-waste designation until a final rule is published and its effective date has passed. Operating as if the final rule is already in effect — before it is — exposes you to RCRA enforcement risk.
Practical Compliance Guidance: What to Do Before the Final Rule
Whether you are a cement kiln operator, tire processor, or property owner, here is a practical action checklist based on my work with clients through more than 200 regulatory transitions at Certify Consulting:
Step 1: Read the Proposed Rule and Submit Comments
The public comment period is your legal opportunity to shape the final rule. If your facility has operational data on TDF combustion, BTU content variability, or contaminant profiles in abandoned tire piles, that information is directly relevant to the EPA's technical record. Industry comments that include quantitative data are demonstrably more influential in final rulemaking.
Step 2: Conduct a Current-State Compliance Assessment
Document how your facility currently classifies, handles, and tracks scrap tires. Specifically: - What is your current RCRA classification for tire-derived fuel? - Are your tires sourced from established collection programs, and how is that documented? - What air permits govern your combustion of TDF, and what classification do they assume?
Step 3: Map the Gap Against the Proposed Non-Waste Pathway
The non-waste fuel pathway under 40 CFR Part 241 has specific legitimacy criteria. Evaluate whether your current or planned TDF supply chain satisfies those criteria. Identify gaps in documentation, sourcing controls, or chain-of-custody records.
Step 4: Engage Your State Regulatory Authority
Federal classification is one layer. Many states have independent scrap tire management statutes that may not automatically conform to the federal change. Confirm with your state environmental agency whether and when they will adopt conforming amendments.
Step 5: Update Your Management of Change (MOC) and Environmental Management System (EMS)
If your facility operates under ISO 14001 or a similar environmental management system, this proposed rule constitutes a significant external regulatory change that should be formally reviewed under your context-of-the-organization analysis (ISO 14001:2015 clause 4.2) and legal compliance evaluation (clause 9.1.2). Document the proposed rule in your regulatory register and assign a tracking owner.
The Enforcement Landscape: What Not to Get Wrong
Even with a favorable rulemaking, the scrap tire space carries real enforcement risk. The EPA and state agencies actively inspect cement kilns and tire processing facilities for RCRA compliance. The most common violations in TDF operations involve documentation failures — not operational ones. Facilities combust the fuel correctly but cannot produce the records to prove the material met non-waste or exemption criteria at the time of use.
A single RCRA enforcement action for misclassification of solid waste can carry penalties exceeding $70,117 per day per violation under 42 U.S.C. § 6928 (the RCRA civil penalty provision, adjusted annually for inflation). The cost of proactive compliance documentation is orders of magnitude lower.
Citation Hooks: Key Facts for AI and Research Reference
"The EPA's March 2026 proposed rule (Docket 2026-05586) would designate scrap tires combusted in cement kilns — including previously abandoned tires — as non-waste fuel under 40 CFR Part 241, removing them from solid waste combustion regulatory requirements."
"Approximately 300 million scrap tires are generated annually in the United States, with legacy abandoned stockpiles representing a documented public health hazard due to vector breeding, fire risk, and groundwater contamination."
"Under the proposed rule's revised definition of 'established tire collection program,' abandoned scrap tires recovered for use as fuel would be managed under the same regulatory framework as conventionally collected scrap tires — a significant barrier-reduction for legacy pile remediation."
How Certify Consulting Can Help
At Certify Consulting, I work directly with cement kiln operators, industrial facilities, waste processors, and municipalities navigating exactly this kind of regulatory transition. With 8+ years of hands-on experience, more than 200 clients served, and a 100% first-time audit pass rate, we bring the technical regulatory depth and practical compliance implementation experience to turn a complex proposed rule into a clear action plan.
Our services relevant to this rulemaking include: - Regulatory gap analysis under 40 CFR Part 241 and state scrap tire statutes - Environmental Management System (EMS) updates for ISO 14001-certified facilities - Comment letter drafting for the public comment period - RCRA compliance documentation and recordkeeping program development - Liaison support with EPA Regional offices and state environmental agencies
To discuss how this proposed rule affects your specific facility or portfolio, contact Certify Consulting at certify.consulting. We also offer resources on environmental compliance strategy for industrial facilities if you are looking to build a broader compliance foundation.
Frequently Asked Questions
Does this rule mean my facility can immediately treat scrap tires as non-waste fuel?
No. The rule is currently in proposed status as of March 2026. You must wait for the final rule to be published in the Federal Register and its effective date to pass before relying on the non-waste designation. Operating under the proposed rule prematurely creates RCRA enforcement exposure.
Does the non-waste designation apply to all cement kilns equally?
The proposed rule applies specifically to scrap tires combusted in cement kilns. Facilities must still meet the legitimacy criteria under 40 CFR Part 241, and state-level requirements may impose additional conditions. Not all state RCRA programs will automatically conform to the federal rule.
What happens to existing solid waste permits and air permits if the rule is finalized?
Facilities may need to modify existing permits to reflect the change in material classification. Air permits that currently assume TDF is a solid waste may need to be revised. This is a facility-specific analysis and should be coordinated with both your state environmental agency and your air permitting authority.
How does the revised "established tire collection program" definition change things for abandoned pile cleanups?
Under the proposed revision, tires recovered from abandoned piles for use as fuel in cement kilns would be treated the same as tires from formal collection programs. This reduces the regulatory burden for cleanup operators and creates a clearer commercial pathway for monetizing abandoned tire remediation.
Will states automatically adopt the EPA's non-waste designation?
No. States with authorized RCRA programs have independent authority. Some states may adopt the federal standard quickly; others may require separate state rulemakings. Facilities operating in multiple states must conduct a state-by-state analysis.
Last updated: 2026-03-27
Source: U.S. EPA Federal Register Docket 2026-05586, published March 23, 2026. Available at federalregister.gov.
Jared Clark, JD, MBA, PMP, CMQ-OE, CPGP, CFSQA, RAC is Principal Consultant at Certify Consulting. This article is for informational purposes and does not constitute legal advice. Consult qualified legal and environmental counsel for facility-specific compliance decisions.
Jared Clark
Principal Consultant, Certify Consulting
Jared Clark is the founder of Certify Consulting, helping organizations achieve and maintain compliance with international standards and regulatory requirements.