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Global Overview: Legislative & Regulatory Environment. Global Overview: Legislative & Regulatory Environment.

Global Overview: Legislative & Regulatory Environment. - PowerPoint Presentation

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Global Overview: Legislative & Regulatory Environment. - PPT Presentation

Scrap Tyre Management in the United States and the EU Michael Blumenthal Marshay Inc Scrap Tyre Summit Auckland New Zealand June 2 2015 Scrap Tyre Management in the USA Pre1985 no state or Federal legislation or regulations on scrap tyres ID: 396680

lbs scrap tire tyre scrap lbs tyre tire 2015 marshay zealand june summit fees programs amp state management states

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Slide1

Global Overview: Legislative & Regulatory Environment.Scrap Tyre Management in the United States and the EU

Michael Blumenthal

Marshay, Inc.

Scrap Tyre Summit, Auckland, New Zealand, June 2, 2015Slide2

Scrap Tyre Management in the USAPre-1985 no state or Federal legislation or regulations on scrap tyres

Accepted management practices were to landfill

or stockpile tyres

No activity on market development1985: Minnesota enacts legislation and develops regulations on scrap tyresBy 1990, 48 states have enacted legislation & regulations on scrap tyresEPA conducts research on air emissions (TDF) and water quality (1990 – 1992)EPA market report estimates there are 2-3 billion tyres in stockpiles in the USAUS Congress takes an interest in scrap tyres: considering fee on tire manufacturing and/or a mandate on the use of rubber modified asphalt

New Zealand Scrap Tyre Summit, June 2, 2015 Marshay, Inc.Slide3

Scrap Tyre Legislation & RegulationScrap tyres considered the most significant solid waste/recycling problem in the USA (1990-95)

48 states, 48 sets of regulations (1990) In 2000, 50 sets of regulations

In general, consistency in regulating who can transport tyres, where tyres can be taken, storage requirements

44 states had scrap tires fees, but not all were dedicated feesMost state scrap tyre programs focused on market development and stockpile clean upPatchwork of regulations caused non-logical flow of tyres to occurMarkets responded to incentives and adapted to regulationsOff road (non DOT) tires not regulated

New Zealand Scrap Tyre Summit, June 2, 2015 Marshay, Inc.Slide4

Understanding US Solid Waste/Recycling PolicyThe Environmental Protection Agency (EPA) sets minimum standards which states must comply with on air quality, water quality, landfill construction and hazardous waste management

States are responsible for developing their own program, using EPA regulations as a minimum but can make their regulation more stringent that EPA’s minimum standards

EPA has no standards or minimum requirements for solid waste management (other than landfill construction) or recycling

Development of solid waste & recycling programs are a state issueOverall approach to waste management is command and controlFree market conditions apply for all solid waste/recycling industries (as long as they comply with the legislation and regulations)New Zealand Scrap Tyre Summit, June 2, 2015 Marshay, Inc.Slide5

Industry Approach to Scrap Tire ManagementTyre manufacturers supported a “shared responsibility” model: all who have responsibility must do their

part. Tire Manufacturers created Scrap Tire Management Council to assist industry and coordinate efforts (1990)

Tire

manufacturers, tire retailers, state regulatory agencies, transporters, processors, end users and the publicEPA, Federal and state government did not oppose this approachNot everyone agreed or accepted their assumed responsibilityUS system worked relative wellEnd use markets increased from 11% in 1990 to 55% in 1995 to 92% in 2013Tires in stockpiles decreased from 1 billion, in 1994 to 70 million (2014) (never were 2-3 billion in piles)Tire dumping probably less than 5% of generation

New Zealand Scrap Tyre Summit, June 2, 2015 Marshay, Inc.Slide6

Scrap Tyre Management in the EUEach country responsible for creating their own ELT program

All EU members developed nationwide ELT program: tyre manufacturers involved

3 general types of programs: Extended producer responsibility; ELT program selects a market; free market

All programs have fees, either internalized or fee basedFunds generally used for collection and paying end usersNot all programs are similar or effectiveCounties which selected end use markets (Sweden, Finland) are less expensive programs & manage all ELTsNew Zealand Scrap Tyre Summit, June 2, 2015 Marshay, Inc.Slide7

New Zealand Scrap Tyre Summit, June 2, 2015 Marshay, Inc.Slide8

EU Scrap Tire ProgramsPrograms with sufficient markets: Germany, Sweden, Denmark, Finland, Belgium, Netherlands

Country programs vary:

Germany: TDF & recycled products

Sweden: TDFFinland: TDABelgium & Netherlands: Recycled rubber productsDenmark: Recycled rubber products & TDFNew Zealand Scrap Tyre Summit, June 2, 2015 Marshay, Inc.Slide9

U.S. Scrap Tire Trends 2005 - 2013

New Zealand Scrap Tyre Summit, June 2, 2015 Marshay, Inc.Slide10

U.S. Scrap Tire Disposition 2013(percent of total tons generated annually)

Numbers may not add due to rounding.

New Zealand Scrap Tyre Summit, June 2, 2015 Marshay, Inc.Slide11

US Ground Rubber Markets

2009*

2011*

2013*2014 estimates**2015

estimates**

Sport Fields

520 MM lbs.

277 mm lbs.

225 mm lbs.

225 mm lbs.

225 mm lbs.

Asphalt

240 mm lbs.

220 mm lbs.

90 mm lbs.

90 mm lbs.

90-100 mm lbs.

Automotive

115 mm lbs.

60 mm lbs.

75 mm lbs.

50 mm lbs.

50 mm lbs.

Playground &

Mulch

282 mm lbs.

230 mm lbs.

400 mm lbs.

400 mm lbs.

420-440 mm lbs.

Molded

Extruded440 mm lbs.373 mm lbs.430 mm lbs.450 mm lbs.475 mm lbs.Exported115 mm lbs.45 mm lbs.80 mm lbs.25 mm lbs.25 mm lbs.Total 1,702 mm lbs.1,205 mm lbs.1,300 mm lbs.1,240 mm lbs.1,285-1,315 mm lbs.* Source: RMA **Marshay, Inc.

New Zealand Scrap Tyre Summit, June 2, 2015 Marshay, Inc.Slide12

U.S. Stockpiled Scrap Tires 1990 - 2011

New Zealand Scrap Tyre Summit, June 2, 2015 Marshay, Inc.Slide13

Scrap Tire FeesSince 1985,

44

states have enacted laws

placing a user fee on scrap tiresFees are placed onto tires at:Sale of a new tire (30)Auto registration (4)At wholesaler (3)Fees range from $0.25 to $2.50 for passenger/light truck tires & up to $10 for heavy truck tiresNo fee on retreaded tires, agricultural, bicycle tires or off-road tires

New Zealand Scrap Tyre Summit, June 2, 2015 Marshay, Inc.Slide14

Fee ProgramsFees on tires are not a tax

When fee accessed at retail level most states allow retailers to keep a percentage

Most state programs allow retailers to charge their own fee

4 states do not allow tire retailers to charge any additional fees Fees are not taxedMost state programs send a percentage to state finance agency for their assistanceFees used to fund stockpile abatement (1 billion in 1990: less than 100 million in 2014)Fees are usually fixed termed & need to be legislatively continued

New Zealand Scrap Tyre Summit, June 2, 2015 Marshay, Inc.Slide15

Uses for Scrap Tire FeesMarket Development

Research

Grants/loans IncentivesStockpile abatement Pile abatement & amnesty daysStaffing & Enforcement of scrap tire regulations

New Zealand Scrap Tyre Summit, June 2, 2015 Marshay, Inc.Slide16

Conclusions on Scrap Tyre Fees Fees on scrap tires made stockpile abatement possible

Scrap tire funds were the original growth engine for end use markets

States w/o fees or diverted fees have very limited scrap tire programs No state has initiated a fee since late 1990’s (Delaware & Alaska were last 2) Fees are usually continued Tire fees, when used for the scrap tire programs, can be an effective tool

New Zealand Scrap Tyre Summit, June 2, 2015 Marshay, Inc.Slide17

Quick History of the Scrap Tire IndustryUS scrap tyre industry is a function of state legislation & regulationsIndustry began as a series of small, local companies

Companies have grown into large-scale, regional players

Industry is driven by government policies

End use markets have developed over time: TDF (1979); TDA (1992) ground rubber (1992); terminal blend asphalt (2002) infill (2005); playground cover (2005); warm mix asphalt (2013)Different markets in different regions results in varying economic success for companies1990 500 companies: 2015: 50 companiesNew Zealand Scrap Tyre Summit, June 2, 2015 Marshay, Inc.Slide18

What has worked: What has not worked

What Has Worked?

What Hasn’t Worked ?

Tire fees used for abatement, market developmentNo fees or Raided feesDevelopment of regulations

Variations between state

regulations

Diversity

of end use markets

Regional

differences

State agency involvement

Reduced state agency involvement

Enforcement of the regulations

Not

enforcing the regulations

State programs that focus on creating demand

State programs that pay to process tires

Removing

institutional obstacles

Mandates

Free market

Subsidies

Tyre industry involvement

Rejection of information provided

by tyre manufacturers

New Zealand Scrap Tyre Summit, June 2, 2015 Marshay, Inc.Slide19

ConclusionsUS scrap tyre management approach is a free-market, command/control system

Industry has taken a “shared responsibility” approach

Tire manufactures were involved, but not financially (to the industry)

States have responsibility for legislation, regulations, fees and enforcementOverall, scrap tyres are one of the most recovered materials in the USAOverall system is not perfect: some serious limitations (off road) Industry continues to evolve The management system used is only as effective as the level of markets obtained

New Zealand Scrap Tyre Summit, June 2, 2015 Marshay, Inc.Slide20

Contact InformationMichael BlumenthalMarshay, Inc.

A Scrap Tire Consulting Company

marshayinc@gmail.com

845-642-3130www.scraptireexpert.comNew Zealand Scrap Tyre Summit, June 2, 2015 Marshay, Inc.