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Proposed RuleOpen for Comment2026-055862026-03-23

Protecting Public Health and Unleashing American Energy by Facilitating Scrap Tire Pile Cleanups

Environmental Protection Agency

Abstract

The Environmental Protection Agency (EPA or the Agency) is proposing to improve protection of public health and recover valuable energy and mineral resources by designating scrap tires, including previously abandoned scrap tires, that are combusted in cement kilns, as non-waste fuel. In addition, the EPA is proposing 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 proposed regulatory changes support several goals of the Resource Conservation and Recovery Act (RCRA) by facilitating the use of abandoned scrap tires as a non-waste fuel and ingredient in Portland cement manufacturing while simultaneously reducing risks to human health and addressing environmental harms caused by tire piles. These proposed revisions are amendments to the Non-Hazardous Secondary Materials (NHSM) regulations, which establish standards and procedures for identifying whether non- hazardous secondary materials are solid wastes when legitimately used as fuels or ingredients in combustion units.

Action & Dates

Action
Proposed rule.
Dates
Comments must be received on or before May 22, 2026.

CFR References

Topics

Air pollution controlEnvironmental protectionWaste treatment and disposal

Public Comment

Comments Close
2026-05-22 — Open for comment

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Environmental Protection Agency 40 CFR Part 241 [EPA-HQ-OLEM-2025-1609; FRL-12828-01-OLEM] RIN 2050-AH44 AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: The Environmental Protection Agency (EPA or the Agency) is proposing to improve protection of public health and recover valuable energy and mineral resources by designating scrap tires, including previously abandoned scrap tires, that are combusted in cement kilns, as non-waste fuel. In addition, the EPA is proposing 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 proposed regulatory changes support several goals of the Resource Conservation and Recovery Act (RCRA) by facilitating the use of abandoned scrap tires as a non-waste fuel and ingredient in Portland cement manufacturing while simultaneously reducing risks to human health and addressing environmental harms caused by tire piles. These proposed revisions are amendments to the Non-Hazardous Secondary Materials (NHSM) regulations, which establish standards and procedures for identifying whether non-hazardous secondary materials are solid wastes when legitimately used as fuels or ingredients in combustion units. DATES: Comments must be received on or before May 22, 2026. ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-OLEM-2025-1609 by any of the following methods: Federal eR

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Full Document

Citation: 91 FR 13804