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Permitting and Enforcement Committee Agenda Item- �( <br />January 15, 1998 Page 2 <br />permit. <br />The statute also allows the Board to exempt two additional situations by regulation as <br />follows: <br />• Agricultural Uses — A permit is not required at a location where fewer than 5,000 <br />tires are being used for agricultural purposes, provided the tires have been rendered <br />incapable of holding water. This situation has been exempted by regulation. <br />® Tire Retreading Businesses - Businesses where no more than 3,000 waste tires are <br />kept on the premises. This situation has not been exempted by regulation, although it <br />could be. <br />The statutory scheme does not provide for any other types of exclusions from state <br />permitting and storage standards, nor does it authorize other types of exclusions through <br />regulation. Never the less there exists regulatory language which excludes certain types <br />of facilities from the requirement to obtain a waste tire facility permit, and in certain <br />cases, from the requirement to comply with minimum standards for waste tire storage. <br />• Indoor Storage — A permit is not required if tires are stored indoors in accordance <br />with National Fire Protection Association standards or the requirements of the local <br />fire authority. <br />® Moveable Container — A permit is not required, and "state minimum storage <br />standards do not apply if tires are stored in closed, locked moveable containers, e.g., <br />utility trailers. 0 <br />• Recycling Business — A permit is not required, and state minimum standards do not <br />apply if a business recycles tires and the turnover rate is 90% or greater in a 150 -day <br />period. Examples of the types of business that may qualify under this situation <br />include tire retreading facilities and used tire dealers <br />• General Exclusion — A permit is not required, and state minimum standards do not <br />apply if fewer than 5,000 tires are stored and most of the stored tires are turned over <br />within a 150 -day period. ("Most" means 75% or more than the amount stored in the <br />previous period.) <br />Only the last four types of regulatory exclusion, as well as the statutory cement kiln <br />exclusion, require the operator to submit an application and seek the Board's <br />determination of qualification. <br />One of the reasons for opening the regulations for revision is concern with the increasing <br />use of waste tire facility exclusions to avoid permitting and regulation, and staffs <br />inability to determine whether or not a particular facility qualifies for exclusion. <br />Currently there are about 70 waste tire facilities in the state operating with regulatory <br />exclusions and requests for new exclusions continue to be received by Waste Tire Section <br />staff. If permitted, the vast majority of the excluded facilities would qualify as minor <br />waste tire facilities; staff estimates that eight would be required to obtain a major waste <br />® tire facility permit. 0 <br />