Section 3745-580-105 - Exclusions from the requirement to obtain a scrap tire transporter registration certificate(A) Any person who transports more than ten scrap tires in a single load is not subject to the specifications of rule 3745-580-06 or 3745-580-101 of the Administrative Code provided the person meets one of the following: (1) Transports scrap tires for their own use in agriculture or for producing or processing aggregates.(2) Is engaged primarily in the retail sale of the following types of tires and transports twenty-five or fewer scrap tires in a single load and not more than two hundred fifty scrap tires in a calendar year:(b) Construction equipment.(3) Is a government agency, local government, or operation owned by a local government that is transporting scrap tires obtained from conducting roadside or litter clean ups on public property or a community tire collection event and uses only government owned or leased vehicles or designated privately owned vehicles whose use is donated and not purchased.(4) Is a nonprofit organization, university, or other civic organization, that has received written concurrence from Ohio EPA prior to transporting scrap tires obtained from conducting a scrap tire clean up event and uses government owned or leased vehicles or designated privately owned vehicles whose use is donated and not purchased.(5) Is a tire retreader or tire dealer who tracks scrap tires in an inventory or shipping paper system so that the scrap tires can be returned to the original owner of the scrap tires.(6) Is a for-hire motor carrier who transports scrap tires that are still owned by the scrap tire generator on a commercial bill of lading to a dealer or manufacturer for the purposes of a warranty adjustment, repair, or retreading, regardless of the condition of the scrap tires.(7) Is a for-hire motor carrier who transports scrap tires that are still owned by the scrap tire generator on a commercial bill of lading to another business location owned or operated by the scrap tire generator, regardless of the condition of the scrap tires.(8) Is a for-hire motor carrier that transports purchased scrap tires from a registered scrap tire transporter, an owner or operator of a registered or permitted scrap tire facility, or business excluded pursuant to rule 3745-580-205, 3745-580-305, or 3745-580-405 of the Administrative Code to a final destination outside of Ohio. The for-hire motor carrier transporting the scrap tires shall submit a request on forms prescribed by the director, obtain written approval from Ohio EPA, and remain responsible for the shipment of scrap tires until the scrap tires reach the final destination.(9) Is a scrap tire generator that transports scrap tires on a vehicle owned by the scrap tire generator to another business location owned or operated by the scrap tire generator, to a scrap tire retreading business, or to a manufacturer for the purposes of a warranty adjustment or repair.(10) Transports exclusively segregated loads of retreadable truck tire casings, retreadable off-the-road tire casings, or scrap bias ply tires to a scrap tire retreading facility for retreading. The scrap tire transporter shall demonstrate proof that the scrap tires have been purchased by having a commercial bill of lading or a detailed receipt accompany each load describing the scrap bias ply tires or retreadable truck tire casings, the listing price paid, the source of the scrap tires, and the destination. This exclusion does not apply to scrap tires in the transportation vehicle not destined for retreading.(11) Is a barge, ship, or rail common carrier company that transports scrap tires if the barge, ship, or rail common carrier is acting as an agent or subcontractor to a registered scrap tire transporter, has obtained written approval from Ohio EPA on forms prescribed by the director, and ensures the approval accompanies the shipment of scrap tires to the end destination and then is returned to the registered scrap tire transporter. The shipment of scrap tires shall be the responsibility of the following: (a) The registered scrap tire transporter and the common carrier until the scrap tires reach their final destination.(b) The registered scrap tire transporter for scrap tires that are staged at a dock or rail yard prior to shipment.(12) Transports exclusively TDF or TDC for use as a fuel or a beneficial use authorized pursuant to rules 3745-580-801 and 3745-580-802 of the Administrative Code.(13) Transports solely crumb rubber.(14) Is the property owner of the site and has obtained written authorization from Ohio EPA or the board of health to properly remove and dispose of scrap tires from the property to abate a public nuisance or open dump. The property owner shall only use vehicles owned or leased by the property owner or vehicles whose use is donated to the property owner and not use commercial vehicles hired by the property owner and operated by an unregistered scrap tire transporter. This exclusion is applicable only to the scrap tires that are identified in the authorization.(15) Has obtained written permission from Ohio EPA to transport scrap tires for a beneficial use authorized in accordance with rule 3745-580-801 or 3745-580-802 of the Administrative Code.(16) Transports burned and partially burned scrap tires for disposal to a sanitary landfill facility.(B) The exclusions contained in paragraph (A) of this rule do not relieve a scrap tire transporter from compliance with rule 3745-580-111 of the Administrative Code.Replaces: 3745-27-54
Ohio Admin. Code 3745-580-105
Effective: 6/30/2023
Five Year Review (FYR) Dates: 06/30/2028
Promulgated Under: 119.03
Statutory Authority: 3734.02, 3734.74
Rule Amplifies: 3734.02, 3734.12, 3734.74, 3734.83
Prior Effective Dates: 03/01/1996, 03/29/2002, 11/01/2007, 02/20/2015