New York State Waste Tire Stockpile Abatement Plan

33 Pages·2004·0.73 MB·English

Division of Solid & Hazardous Materials
Waste Tire Management & Recycling Act of 2003
NEW YORK STATE
WASTE TIRE STOCKPILE
ABATEMENT PLAN
A COMPREHENSIVE PLAN DESIGNED TO ABATE ALL NONCOMPLIANT
WASTE TIRE STOCKPILES BY DECEMBER 31, 2010
July 2004
George E. Pataki, Governor Erin M. Crotty, Commissioner
Waste Tire Stockpile Abatement Plan
Table of Contents
Page
Executive Summary ......................................................... ES-1
Chapter 1 - The Waste Tire Management and Recycling Act .........................1
Chapter 2 - Waste Tire Enumeration and Assessment ..............................3
• Field Reconnaissance ...............................................3
• Aerial Reconnaissance ..............................................3
• Enumeration and Assessment Results ........................... .......3
Chapter 3 - Priority List .......................................................9
• Evaluation Criteria .................................................9
• Scoring System ...................................................9
• Evaluation ......................................................10
Chapter 4 - Material Use and Disposition Plan ...................................15
• Civil Engineering Uses ............................................16
- Use as Lightweight Aggregate in Fill ...........................16
- Landfill Construction Uses ...................................17
- Other Uses ................................................18
• DOT and Thruway Authority Cooperation .............................18
• Potential Road Construction Projects .................................18
Chapter 5 - Abatement Schedule ...............................................21
• Initial Target Sites ................................................21
• Enforcement Activities ............................................21
• Abatement Project Elements .. ......................................21
• Priority Projects ..................................................22
- Fortino Site ...............................................22
- Mohawk Tire Recycling .....................................22
- New York Tire/Izzo Property .................................23
- Other Priority Sites ......... ................................23
• Coordination with OGS ............................................23
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• Coordination with DOT/Thruway Authority ............................24
• Schedule for Priority Sites ..........................................24
• Remaining Sites ..................................................25
- Enforcement Activities ......................................25
- Abatement Alternatives for the Remaining Sites ..................26
• Projected Tire Removal Schedule ....................................26
Figures
Figure 1 Number of Noncompliant Waste Tire Stockpiles by Number of Waste
Tires at Each Site ..........................................4
Figure 2 Percentage of Tires Stockpiled in New York State per Waste Tire
Stockpile Size .............................................5
Figure 3 Waste Tire Disposition in the United States ................ ......16
Figure 4 Potential Waste Tire Use for DOT/Thruway Authority Projects ......19
Tables
Table 1 List of Noncompliant Waste Tire Stockpiles .......................6
Table 2 List of Compliant Waste Tire Facilities ...........................7
Table 3 Abatement Priority List for Noncompliant Waste Tire Stockpiles .....11
Table 4 Abatement Priority List Sorted by DEC Region ...................13
Appendices
Appendix A Site Assessment Summary Sheets
Appendix B Prioritization Maps
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Executive Summary
The “Waste Tire Management and Recycling Act of 2003” (Act) was enacted to ensure
the proper management of waste tires in New York State. The Act, among other things,
established waste tire management priorities for New York State, enacted a waste tire
management and recycling fee of $2.50 per new tire sold, established the Waste Tire
Management and Recycling Fund to which the waste tire management and recycling fee will be
deposited, and required the New York State Department of Environmental Conservation (DEC)
to prepare a comprehensive plan by September 12, 2004 designed to abate all noncompliant
waste tire stockpiles in New York State by December 31, 2010.
Consistent with the requirements of the Act, this Waste Tire Stockpile Abatement Plan
(Plan) is a comprehensive plan designed to abate all noncompliant waste tire stockpiles in New
York State by December 31, 2010, seeking abatement first through voluntary efforts, where
feasible, and by DEC direct action where voluntary efforts are not feasible or are unsuccessful.
To develop this Plan, DEC undertook an enumeration and assessment effort to verify the
existence of suspected waste tire stockpiles and estimate the number of tires at each
noncompliant site. During the summer and fall of 2003, DEC staff visited 162 locations that
were identified as potential waste tire stockpiles which resulted in the documentation of
95 noncompliant waste tire stockpiles.
There are an estimated 29 million waste tires currently stockpiled in the 95 noncompliant
waste tire stockpile sites identified throughout the State. Five sites have 1 million or more
stockpiled waste tires present. In total, these five sites contain approximately 24.7 million waste
tires, representing approximately 85% of all waste tires stockpiled throughout the State. Five
sites have fewer than 1 million but 175,000 or more waste tires present, representing
approximately 8% of all waste tires stockpiled. Forty-two sites have fewer than 175,000 but
10,000 or more waste tires present, representing approximately 6% of the total waste tires
stockpiled, and 43 sites have fewer than 10,000 waste tires present, representing the remaining
approximately 1% of total waste tires stockpiled.
There are currently 4 permitted and 19 registered compliant waste tire facilities in New
York State permitted or registered in accordance with New York State Solid Waste Management
Facility Regulations (6 NYCRR Part 360).
The five largest noncompliant waste tire stockpiles in New York State, representing
approximately 85% of all stockpiled tires, are located at:
Fortino Site West Monroe, NY 10,000,000 tires
Mohawk Tire Recycling Waterford, NY 8,000,000 tires
Hornburg Tire Sinclairville, NY 3,500,000 tires
New York Tire/Izzo Property Smithtown, NY 2,000,000 tires
Cycletech Hudson, NY 1,200,000 tires
A priority list for abatement of each noncompliant waste tire stockpile was developed by
establishing criteria to assess potential adverse impacts on public health, safety or welfare, the
environment, or natural resources. After consideration of a wide array of potential factors, the
following eight criteria were selected to evaluate each of the 95 noncompliant waste tire
stockpiles in an effort to formulate an abatement priority list:
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• number of waste tires on site;
• location over a primary aquifer;
• proximity to Class C or higher streams (located within 250 meters);
• proximity to regulated State wetlands (located within 250 meters);
• location within a potential environmental justice area;
• proximity to schools (located within 1 kilometer);
• proximity to hospitals (located within 1 kilometer); and
• proximity to population centers (located within 1 kilometer).
A scoring system was developed with the possible range of scores from 1 to 15. Sites
with the highest scores were afforded the highest priority on the abatement priority list. The
Fortino Site scored the highest with a score of 10. Mohawk Tire Recycling and New York
Tire/Izzo Property received the next highest ranking with a score of 9. The remaining 92 sites
received scores ranging from 8 to 1 and are more completely described in Chapter 3.
Based on this evaluation, a priority list for abatement of sites was established. It was
determined that the sites with a score of 5 or higher should be the initial target sites for
abatement activities:
Fortino Site Oswego County 10 million tires
Mohawk Tire Recycling Saratoga County 8 million tires
Hornburg Tire Chautauqua County 3.5 million tires
New York Tire/Izzo Property Suffolk County 2 million tires
Cycletech Columbia County 1.2 million tires
Hutchings Automotive Chenango County 0.8 million tires
Clarence Auto Parts Erie County 0.65 million tires
Southern Tier Tire Cattaraugus County 0.35 million tires
Tire Recycling Ulster County 0.3 million tires
U Save Tire Corp Clinton County 0.2 million tires
Coletta Recycling Queens County 20,000 tires
Doc’s Trucking & Auto Parts Oneida County 10,000 tires
While initial work is ongoing at the priority sites, work will also be undertaken at the
remaining sites as well. Initial work consists of a series of administrative and enforcement steps
designed to encourage voluntary management of the tires by the site owners or operators.
Should those steps not achieve abatement of these waste tire stockpiles in a timely manner, the
DEC will assume abatement responsibility.
This Plan seeks to eliminate all noncompliant waste tire stockpiles in the State by
December 31, 2010 by a combination of site owner/operator effort and DEC work, should the
site owners/operators fail to abate the noncompliant waste tire stockpiles in a timely manner. In
the event the DEC must assume abatement responsibility, DEC will seek beneficial uses for the
tires. At the present time, DEC is developing plans to use waste tires in road construction
activities in cooperation with the New York State Department of Transportation (DOT) and the
New York State Thruway Authority (Thruway Authority) to beneficially use the bulk of the
waste tires.
DEC recognizes that additional waste tire stockpile sites may be identified during the
next few years. If this occurs, DEC will assess these noncompliant waste tire stockpiles as they
are identified, determine their priority for cleanup, and incorporate them into the abatement
schedule.
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Chapter 1 - The Waste Tire Management and Recycling Act
The “Waste Tire Management and Recycling Act of 2003” (Act) was enacted to ensure the
proper management of waste tires in New York State. The Act added Title 19 to Article 27 of
the Environmental Conservation Law. Title 19 includes provisions that require the following:
1. Establishment of waste tire management priorities for New York State:
• first, to reduce the number of waste tires generated;
• second, to remediate waste tire stockpiles in noncompliance;
• third, to recycle waste tires into value-added products;
• fourth, to beneficially use waste tires in an environmentally acceptable manner,
including the beneficial use in civil engineering applications; and
• fifth, to recover, in an environmentally acceptable manner consistent with the
purpose of the Act, energy from waste tires that cannot be economically recycled
or otherwise beneficially used.
2. Establishment of the Waste Tire Management and Recycling Fund and enactment of a
waste tire management and recycling fee of $2.50 per new tire sold including tires on
new motor vehicles. Tire services must collect the waste tire management and recycling
fee from the purchaser at the time of the sale and remit such fee to the Department of
Taxation and Finance. The tire service shall be entitled to retain an allowance of 25 cents
per tire from fees collected. The fee is mandated from the effective date until
December 31, 2010.
3. Mandatory acceptance of used tires from customers by tire service centers until
December 31, 2010. Customers may return tires in approximately the same size and in a
quantity equal to the number of new tires purchased or installed. Sign posting
requirements are also included for tire service centers.
4. Preparation, by the Department of Environmental Conservation (DEC), of a
comprehensive plan designed to abate all noncompliant waste tire stockpiles by
December 31, 2010. This plan is required to establish a priority list and schedule for
abatement of each noncompliant waste tire stockpile based on potential adverse impacts
on public health, safety or welfare, the environment, or natural resources. The plan must
also include a census of compliant and noncompliant waste tire stockpiles in New York
State and the number of waste tires believed to be stored at each site. The plan is to be
submitted to the Governor and the Legislature by September 12, 2004. The Act provides
DEC with authority to enter all noncompliant waste tire stockpiles for the purpose of
investigation and abatement.
5. Publication, by DEC, of requests for proposals by September 12, 2005 seeking
contractors to prepare waste tires at noncompliant waste tire stockpiles in accordance
with fire safety requirements and for removal for appropriate processing, recycling or
beneficial use or disposal as a last option.
6. The Department of Economic Development, by September 12, 2004, and annually
thereafter to:
a. Assist private market development with new technologies for waste tire reuse and
recycling with an emphasis on higher-value end uses in order to further create and
enhance sustainable markets;
b. Provide industrial and consumer education on other benefits of recycled waste tire
products through the preparation of fact sheets and public workshops; and
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c. Prepare an annual summary report and analysis of markets and disposition of both
New York State stockpiled tires and New York State annually generated waste
tires. This report shall be submitted to DEC and the Legislature by the last day of
March of each year.
7. Owners or operators of noncompliant waste tire stockpiles to submit to and/or cooperate
with any and all remedial measures necessary for the abatement of noncompliant waste
tire stockpiles.
8. Establishment of a prohibition of land burial of waste tires and prescribes that no moneys
from the waste tire management and recycling fund can be used to dispose of waste tires
in a landfill unless DEC has determined that it is not feasible to convert the waste tires to
a beneficial use.
9. Funds from the waste tire management and recycling fund will be used for the following
purposes:
a. DEC:
1. enumeration and assessment of noncompliant waste tire stockpiles,
including aerial reconnaissance to locate, survey and characterize sites
environmentally, for remote sensing, special analysis and scanning;
2. abatement of noncompliant waste tire stockpiles; and
3. administrative costs.
b. New York State Department of Economic Development (Empire State
Development):
1. conducting an updated market analysis of outlets for waste tire utilization
including recycling and energy recovery opportunities;
2. establishment of a program to provide funds to businesses to develop
technology that leads to increased markets for waste tires;
3. funding of demonstration projects; and
4. administrative costs.
c. New York State Department of Transportation (DOT), and the New York State
Thruway Authority (Thruway Authority):
1. demonstration and other projects for road base;
2. paving and other civil engineering uses; and
3. administrative costs.
d. New York State Energy Research and Development Authority:
1. research projects which will enhance sustainable waste tire recycling
activities; and
2. administrative costs.
e. New York State Department of Health:
1. recommendations to protect public health; and
2. administrative costs.
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Chapter 2 - Waste Tire Enumeration and Assessment
Consistent with the requirements of the Act, this Waste Tire Stockpile Abatement Plan (Plan) is
a comprehensive plan designed to abate all noncompliant waste tire stockpiles in New York
State by December 31, 2010. The Plan must include a census of compliant and noncompliant
waste tire stockpiles in New York State and the number of waste tires believed to be stored at
each site.
This Chapter outlines the efforts undertaken by DEC to assess these waste tire stockpiles.
Field Reconnaissance
During the summer and fall of 2003, DEC staff visited 162 locations that were identified as
potential waste tire stockpiles. Staff documented the conditions of each site, including site
accessibility, the quality and nature of stockpiled waste tires, an estimate of the number of waste
tires present, and the environmental factors at the site. Global Positioning System (GPS)
coordinates were recorded for the location of each site, and digital photographs of the site were
taken to document the condition of the site and the presence of waste tires.
Aerial Reconnaissance
During November and December of 2003, DEC, with the assistance of the New York State
Police Aviation, conducted an aerial photography project to photograph each of the
noncompliant waste tire stockpiles. Approximately half of the noncompliant waste tire
stockpiles were photographed before snow cover conditions made continued aerial photography
unproductive. Aerial photography of the remaining stockpiles resumed in Spring 2004 and was
completed in June 2004.
Enumeration and Assessment Results
DEC’s enumeration and assessment efforts led to the documentation of 95 noncompliant waste
tire stockpiles. All information gathered for the noncompliant waste tire stockpile sites is
summarized in “Site Assessment Summary Sheets,” which are found in Appendix A.
Highlights from the enumeration and assessment effort are summarized below.
• There are an estimated 29 million waste tires currently stockpiled in 95
noncompliant waste tire stockpile sites throughout the State.
• There are 5 sites with 1 million or more stockpiled waste tires. In total, these
5 sites contain approximately 24.7 million waste tires, representing approximately
85% of all waste tires stockpiled throughout the State.
• There are 5 sites with fewer than 1 million but with 175,000 or more stockpiled
waste tires. In total, these 5 sites contain slightly more than 2.3 million waste
tires, representing approximately 8% of all waste tires stockpiled throughout the
State.
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• There are 11 sites with fewer than 175,000 but with 50,000 or more stockpiled
waste tires. In total, these 11 sites containing slightly more than 1.2 million waste
tires, representing approximately 4% of all waste tires stockpiled throughout the
State.
• There are 31 sites with fewer than 50,000 but with 10,000 or more stockpiled
waste tires. In total, these 31 sites contain approximately 575,000 tires,
representing approximately 2% of all waste tires stockpiled throughout the State.
• There are 43 sites with fewer than 10,000 stockpiled waste tires. In total, these
43 sites contain slightly more than 200,000 waste tires, representing nearly 1% of
all waste tires stockpiled throughout the State.
• There are 4 compliant waste tire storage facilities permitted in accordance with
New York State Solid Waste Management Facility Regulations (6 NYCRR
Part 360).
• There are 19 compliant waste tire storage facilities registered in accordance with
the requirements of 6 NYCRR Part 360.
The following two figures summarize this data:
Figure 1 - Number of Noncompliant Waste Tire Stockpiles
by Number of Waste Tires at Each Site
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Figure 2 - Percentage of Total Waste Tires Stockpiled in New York State
Per Stockpile Size

Total Waste Tires Stockpiled = 29 million
The five largest waste tire stockpiles in New York State representing approximately 85% of all
stockpiled tires have been identified as follows:
Fortino Site West Monroe, NY 10,000,000 waste tires
Mohawk Tire Recycling Waterford, NY 8,000,000 waste tires
Hornburg Tire Sinclairville, NY 3,500,000 waste tires
New York Tire/Izzo Property Smithtown, NY 2,000,000 waste tires
Cycletech Hudson, NY 1,200,000 waste tires
The census of the 95 noncompliant waste tire stockpiles is included in Table 1. These stockpiles
are listed in descending order based on the estimated number of waste tires on site. The list
includes 2 permitted and 2 registered waste tire storage facilities originally permitted or
registered in accordance with the requirements of 6 NYCRR Part 360 that either exceed their
permitted/authorized capacity or are in violation of the requirements of their waste tire storage
facility permit or registration. Table 2 is a census of the 22 currently compliant permitted and
registered waste tire storage facilities. This list will change based on any additions or deletions
of permitted or registered waste tire storage facilities. The most current list of compliant
permitted or registered waste tire storage facilities can be found on DEC’s website at
www.dec.state.ny.us.
Many of the known waste tire stockpiles are in remote locations and difficult to locate.
Accordingly, DEC recognizes that additional waste tire stockpile sites may be identified during
the next few years. If this occurs, DEC will assess these noncompliant waste tire stockpiles as
they are identified, determine their priority for cleanup, and incorporate them into the abatement
schedule.
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