Citation Hook: The U.S. Environmental Protection Agency's March 23, 2026 proposed rule (Docket No. 2026-05586) would designate scrap tires combusted in cement kilns as non-waste fuel, fundamentally altering how organizations must classify, handle, and document scrap tire management under RCRA Subtitle D.
If you manage an environmental program at a cement kiln, a tire collection facility, a waste-to-energy operation, or a site that has inherited legacy scrap tire piles, the EPA's March 2026 proposed rulemaking is one of the most consequential regulatory developments you'll face this decade. This article breaks down exactly what is being proposed, what it means in practice, what deadlines you need to track, and how to position your organization to comply — and possibly benefit — from these changes.
What Is the EPA Proposing and Why Does It Matter?
On March 23, 2026, the EPA published a proposed rule in the Federal Register titled "Protecting Public Health and Unleashing American Energy by Facilitating Scrap Tire Pile Cleanups" (FR Doc. 2026-05586). The proposal centers on two core regulatory changes under the Resource Conservation and Recovery Act (RCRA):
-
Non-Waste Fuel Designation: Scrap tires — including previously abandoned scrap tires recovered from legacy pile sites — that are combusted in cement kilns would be designated as non-waste fuel, removing them from the solid waste classification that currently triggers stringent RCRA Subtitle C hazardous waste requirements.
-
Revised Definition of "Established Tire Collection Program": The EPA proposes to expand this definition to include abandoned scrap tires that are recovered for use as fuel. This means abandoned tires would be managed under the same regulatory framework as tires collected through formal collection programs — a significant regulatory simplification.
Citation Hook: Under current RCRA regulations at 40 CFR Part 241, facilities that combust solid waste must comply with emissions standards under the Clean Air Act's Maximum Achievable Control Technology (MACT) rules; the proposed non-waste designation for scrap tires used in cement kilns would remove that solid waste trigger, streamlining permitting and reducing compliance costs for participating facilities.
These aren't cosmetic changes. They represent a fundamental reclassification that will ripple across permitting, insurance, liability, operations documentation, and environmental management systems — including ISO 14001:2015-certified EMS programs.
The Public Health Rationale: Why Scrap Tire Piles Are a Priority
The EPA's motivation isn't solely economic. Scrap tire stockpiles are a documented public health hazard, and the scale of the problem in the United States is substantial.
Key Statistics:
- Approximately 278 million scrap tires are generated annually in the United States, according to the Rubber Manufacturers Association.
- Legacy tire pile sites can contain anywhere from thousands to hundreds of millions of individual tires, creating persistent fire risks and vector breeding grounds.
- Tire pile fires can burn for weeks or months, releasing benzene, polycyclic aromatic hydrocarbons (PAHs), and heavy metals into air and groundwater.
- The EPA estimates that tire-derived fuel (TDF) used in cement kilns can displace up to 25% of coal consumption at participating facilities, recovering significant energy value from what would otherwise be a disposal liability.
- Scrap tires in cement kilns burn at temperatures exceeding 1,400°C (2,550°F), achieving near-complete combustion that significantly reduces residual pollutant formation compared to open pile fires.
These facts underscore why the EPA frames this rulemaking as a dual public health and energy recovery initiative. For environmental managers, they also provide the documented justification needed when briefing leadership on why this regulatory change demands proactive attention.
What Specifically Is Changing: A Regulatory Breakdown
40 CFR Part 241 — Non-Waste Determination Criteria
Under current regulations, 40 CFR Part 241 establishes criteria for determining whether materials used as fuels qualify as non-waste. Previously, abandoned scrap tires were not clearly eligible for this pathway because they lacked the traceability associated with organized collection programs.
The proposed rule would:
- Add scrap tires combusted in cement kilns to the list of materials that qualify as non-waste fuels by rule (rather than requiring case-by-case petitions)
- Explicitly extend this designation to previously abandoned tires recovered from legacy stockpile sites
- Remove the ambiguity that previously forced many cement kiln operators to treat scrap tire combustion as solid waste incineration, triggering MACT standards under 40 CFR Part 63, Subpart LLL
Revised "Established Tire Collection Program" Definition
Currently, tires that pass through an established tire collection program receive more favorable treatment under RCRA because they are considered "contained" within a legitimate management pathway. The proposed rule would revise this definition to capture remediation scenarios — situations where tires are recovered from abandoned or legacy sites specifically for fuel use.
This is a pragmatic acknowledgment of real-world conditions: many of the largest tire piles in the U.S. were never part of any formal collection system. By expanding the definition, the EPA creates a legal on-ramp for remediation projects to proceed without navigating a costly and uncertain petition process.
Comparison: Current Requirements vs. Proposed Rule
The following table summarizes the most significant regulatory differences between the current framework and the EPA's proposed approach:
| Regulatory Dimension | Current Framework | Proposed Rule (2026) |
|---|---|---|
| Classification of abandoned scrap tires used as fuel | Solid waste (RCRA Subtitle D); may trigger MACT if combusted | Non-waste fuel (if combusted in cement kiln) |
| Permitting burden for cement kilns | Must demonstrate non-waste status via case-by-case petition (40 CFR 241.3) | Automatic non-waste designation by rule |
| Applicability of Clean Air Act MACT (40 CFR Part 63, Subpart LLL) | Triggered if facility is classified as solid waste incineration unit | Not triggered for qualifying scrap tire combustion |
| "Established tire collection program" scope | Formal collection programs only | Expanded to include abandoned tire remediation for fuel use |
| Documentation requirements | Extensive solid waste tracking, manifest requirements | Streamlined under non-waste fuel pathway |
| Abandoned/legacy pile eligibility | Not clearly eligible; significant legal uncertainty | Explicitly included |
| Energy recovery incentive | Limited by regulatory burden | Enabled by reclassification |
Citation Hook: The proposed non-waste designation effectively eliminates the regulatory double penalty that currently discourages cement kiln operators from accepting abandoned scrap tires — where the same material generates both a RCRA compliance burden and a Clean Air Act permitting obligation that would not apply to conventional fossil fuels performing the same energy function.
Effective Dates and Deadlines You Must Track
Because this is a proposed rule — not yet a final rule — the timeline involves a notice-and-comment period before any changes take legal effect. Here is what you need to track:
| Milestone | Date / Timeframe |
|---|---|
| Proposed rule published in Federal Register | March 23, 2026 |
| Public comment period opens | March 23, 2026 |
| Public comment period closes | Typically 60 days from publication (estimated: May 22, 2026) — confirm in the Federal Register notice |
| Final rule publication (estimated) | 2026–2027 (EPA discretion post-comment review) |
| Effective date of final rule | Typically 60–90 days after final rule publication |
| State program alignment | Varies by state; RCRA-authorized states may need separate rulemakings |
Action item: If your organization has any stake in this rulemaking — as a cement kiln operator, tire remediation contractor, site owner, or environmental services provider — you should submit comments during the open comment window. Comments that are specific, data-supported, and tied to real operational scenarios carry the most weight with EPA rulemakers.
Practical Compliance Guidance: What To Do Now
Whether the final rule lands in 2026 or 2027, the smart move is to begin positioning your EMS and compliance program today. Here's how I advise clients to approach this:
1. Conduct a Regulatory Impact Assessment
Map all current activities that involve scrap tires — procurement, handling, combustion, disposal, or site remediation — against the proposed regulatory changes. Identify which activities would shift regulatory classification under the new rule and what permits, procedures, or manifesting requirements would change.
2. Update Your ISO 14001:2015 Aspects and Impacts Register
Under ISO 14001:2015 clause 6.1.2, organizations must identify environmental aspects associated with their activities and determine those with significant environmental impacts. If you operate a cement kiln or manage legacy tire sites, the proposed reclassification of scrap tires directly affects your aspects register. Update it now — don't wait for the final rule — because the regulatory landscape has demonstrably shifted even at the proposed stage.
Additionally, clause 6.1.3 requires that organizations identify applicable legal and other requirements. Log this proposed rule as a regulatory development under active monitoring. Your legal register should capture the proposed rule, the comment deadline, the anticipated final rule timeline, and your organization's exposure.
For guidance on structuring your legal and compliance obligations register, see our resource on ISO 14001 legal and other requirements.
3. Engage Cement Kiln Partners Early
If your organization generates or manages scrap tires and is exploring cement kiln combustion as a disposition pathway, begin conversations with kiln operators now. Many cement kilns that currently accept tire-derived fuel have existing supply chain relationships. Under the proposed rule, the value proposition for accepting abandoned tires improves significantly — but operational agreements, quality specs, and logistics still need to be worked out in advance.
4. Document Legacy Pile Characterization
For organizations with abandoned tire piles on owned or managed properties, this proposed rule creates a potential remediation pathway that didn't exist cleanly before. Begin characterizing your stockpile now: - Total tire count and volume estimates - Site conditions (groundwater proximity, fire risk, vector activity) - Access and logistics for recovery operations - Current state regulatory obligations (many states have independent scrap tire rules)
This documentation will be essential for demonstrating eligibility under the revised "established tire collection program" definition once finalized.
5. Monitor State-Level Alignment
RCRA is a cooperative federalism program. Many states have EPA-authorized RCRA programs with their own regulations. Even after the federal final rule is published, state programs may not automatically adopt the new non-waste designation. States like California, New York, and Texas operate their own robust scrap tire management programs. Check your state environmental agency's posture on this rulemaking early.
6. Submit Public Comments
Organizations with operational knowledge — particularly cement kiln operators and tire remediation specialists — should invest the time to submit substantive comments. EPA rulemakers give significant weight to comments that include: - Quantified compliance cost data (before and after) - Specific operational scenarios that illustrate ambiguities in the proposed rule text - Data on air emissions performance from scrap tire combustion in cement kilns - Suggestions for clearer definitional language
Comments should be submitted to the docket (EPA-HQ-OLEM-[docket number]) via regulations.gov before the comment period closes.
Implications for ISO 14001-Certified Organizations
For organizations maintaining ISO 14001:2015 certification, this proposed rule triggers obligations across multiple clauses — not just clause 6.1. Here's a quick clause-by-clause impact map:
| ISO 14001:2015 Clause | Relevance to Proposed Scrap Tire Rule |
|---|---|
| 4.1 – Understanding the organization and its context | Regulatory environment is changing; update context analysis |
| 4.2 – Understanding needs and expectations | Regulators, insurers, and community stakeholders have new expectations around scrap tire management |
| 6.1.2 – Environmental aspects | Scrap tire handling aspects may change significance rating under new classification |
| 6.1.3 – Compliance obligations | Add proposed rule to legal register; track comment period and final rule |
| 6.1.4 – Planning actions | Initiate planning for compliance transitions before final rule effective date |
| 8.1 – Operational planning and control | Update operational procedures for scrap tire handling and combustion documentation |
| 9.1.2 – Evaluation of compliance | Compliance evaluation schedule should include post-final-rule verification |
If your organization is pursuing or maintaining ISO 14001 certification and you operate in the scrap tire or cement kiln space, this is precisely the kind of regulatory development that your EMS should be designed to capture, assess, and respond to proactively.
Learn how Certify Consulting helps organizations build ISO 14001-compliant environmental management systems that respond dynamically to regulatory changes at certify.consulting.
Industry Perspective: A Practical Assessment
Having worked with over 200 clients across manufacturing, energy, and waste management sectors over the past eight-plus years, I can say with confidence that the regulatory ambiguity around abandoned scrap tires has been a genuine barrier to remediation. Site owners and potential remediation contractors routinely walk away from cleanup projects because the regulatory burden of processing abandoned tires as solid waste — with all its associated permitting, tracking, and liability exposure — outweighs the economic return.
The EPA's proposed rule is, at its core, a market-enabling regulatory change. By removing the "solid waste" designation for tires combusted in cement kilns and explicitly including abandoned tires in the tire collection program framework, the agency is trying to activate a dormant remediation market using existing infrastructure (cement kilns that already accept TDF) rather than requiring new disposal capacity.
Whether the final rule achieves its public health and energy recovery goals will depend heavily on how the definition language is finalized, how state programs respond, and whether cement kiln operators have the appetite to scale up abandoned tire acceptance. The comment period is where industry can shape those outcomes.
Frequently Asked Questions
Does the proposed rule apply to all scrap tire combustion, or only cement kilns?
The proposed non-waste fuel designation specifically applies to scrap tires, including abandoned scrap tires, that are combusted in cement kilns. Other combustion pathways — such as pulp and paper mills or dedicated tire-derived fuel facilities — are not automatically covered by this rulemaking and would still need to pursue non-waste status through the existing 40 CFR Part 241 petition process or other applicable mechanisms.
When will the proposed rule become effective?
This is a proposed rule as of March 23, 2026. It will not take legal effect until the EPA publishes a final rule, which typically occurs months to years after the close of the comment period. Organizations should monitor the docket and plan for a likely final rule in the 2026–2027 timeframe, with an effective date of 60–90 days following final publication.
How does this rule interact with state scrap tire regulations?
Many states have their own scrap tire management programs that may or may not align with the federal RCRA framework. Even after a federal final rule is published, state-authorized RCRA programs may require separate state rulemakings to adopt the new non-waste designation. Always verify your state's regulatory posture independently.
Do I need to update my ISO 14001 EMS in response to this proposed rule?
Yes — even at the proposed stage, this rulemaking represents a material change in your organization's regulatory context (ISO 14001:2015 clause 4.1) and compliance obligations landscape (clause 6.1.3). You should log it in your legal register, assess its impact on your environmental aspects (clause 6.1.2), and initiate planning actions (clause 6.1.4) before the final rule is issued.
What is the difference between a "non-waste fuel" designation and a standard solid waste exemption?
A non-waste fuel designation under 40 CFR Part 241 means the material is not classified as solid waste at all for purposes of RCRA regulation — it is treated as a fuel product. This is more favorable than a solid waste exemption because it also avoids triggering Clean Air Act solid waste incineration standards under 40 CFR Part 63, which would otherwise apply to facilities combusting solid waste. It reduces both RCRA and CAA compliance burdens simultaneously.
Key Takeaways
- The EPA's March 23, 2026 proposed rule (FR Doc. 2026-05586) would designate scrap tires combusted in cement kilns — including abandoned tires — as non-waste fuel, removing them from RCRA solid waste classification.
- The proposal also expands the definition of "established tire collection program" to include abandoned tire remediation projects targeting fuel use.
- These changes would reduce permitting burden, activate dormant remediation markets, and recover energy value from millions of legacy tire stockpile tires.
- Public comments are due approximately 60 days after March 23, 2026 (estimated May 22, 2026).
- ISO 14001-certified organizations should update their legal registers, aspects assessments, and operational procedures now — before the final rule is issued.
- State regulatory alignment is not guaranteed; independent state-level verification is essential.
For expert guidance on integrating regulatory changes like this into your ISO 14001 environmental management system, contact Jared Clark at certify.consulting.
Source: Federal Register, Vol. 91, No. [issue], March 23, 2026 — "Protecting Public Health and Unleashing American Energy by Facilitating Scrap Tire Pile Cleanups," EPA Docket No. 2026-05586.
Last updated: 2026-03-27
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.