al-al-6a206acee89e02b84aa56681: 335-4-3-.01 — Registration Requirements

APA-1 TRANSMITTAL SHEET FOR NOTICE OF INTENDED ACTION Control No.: 335 Department or Agency: Division - Scrap Tire Programmental Management Land Rule No.: 335-4-3-.01 Rule Title: Registration Requirements Intended Action: Amend Would the absence of the proposed rule significantly harm or Yes endanger the public health, welfare, or safety? Is there a reasonable relationship between the state’s police power and the protection of the public health, safety, or welfare? Yes that could adequately protect the public? of regulation available No Does the proposed rule have the effect of directly or indirectly No increasing the costs of any goods or services involved? To what degree?: N/A Is the increase in cost more harmful to the public than the harm NA that might result from the absence of the proposed rule? Are all facets of the rule-making process designed solely for the purpose of, and so they have, as their primary effect, the Yes protection of the public? litigation which the agency is a party to concerning the subject No matter of the proposed rule? Does the proposed rule have an economic impact? No If the proposed rule has an economic impact, the proposed rule is required to be accompanied by a fiscal note prepared in accordance with subsection (f) of Section 41-22-23, Code of Alabama 1975. Certification of Authorized Official with the requirements of Chapter 22, Title 41, Code of Alabama 1975, and that it conforms to all applicable filing requirements of the Administrative Procedure Division of the Legislative Services Agency. Signature of certifying officer Jeffery W. Kitchens & F IL E D Jeffery W. KitcheRs E C ’ D Date Friday, September 18, 2026S EP 1 8,2 026 E G I L AT IVE SV C A G EN C Y L APA-2 ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT LAND DIVISION - SCRAP TIRE PROGRAM NOTICE OF INTENDED ACTION AGENCY NAME: Alabama Department of Environmental Management RULE NO. & TITLE: 335-4-3-.01 Registration Requirements INTENDED ACTION: Amend SUBSTANCE OF PROPOSED ACTION: Revisions are proposed to change the length of valid registrations to five years and to clarify language for new registrations after a change of ownership. TIME, PLACE AND MANNER OF PRESENTING VIEWS: Comments may be submitted in writing or orally at a public hearing to be held at 10:00 a.m., November 19, 2026, in the ADEM Main Hearing Room, 1400 Coliseum Boulevard, Montgomery, Alabama 36110. Attendance at the hearing is not necessary to present such data, views, arguments, or comments. All comments should be received by 5:00 p.m., November 19, 2026. Written submissions and other inquiries should be directed to: ADEM Hearing Officer, Office of General Counsel, Alabama Department of Environmental Management, P.O. Box 301463, Montgomery, AL 36130-1463 (street address: 1400 Coliseum Boulevard, Montgomery, AL 36110-2400) or by e-mail at hearing.officer@adem.alabama.gov. FINAL DATE FOR COMMENT AND COMPLETION OF NOTICE: Thursday, November 19, 2026 CONTACT PERSON AT AGENCY: Lynn T. Roper, 334-271-7728 Jeffery W. Kitchens Jeffery W. Kitchens (Signature of officer authorized to promulgate and adopt rules or his or her deputy) 335-4-3-.01 Registration Requirements. (1) The following scrap tire facilities are required to register with ADEM using ADEM Form 537 via the Department-approved electronic system: (a) Class One and Class Two Receivers. (b) Fuel users. (c) Facilities that produce an end-use material or product from ground or crumb rubber derived from scrap tires purchased from another facility. (d) Facilities using the component parts of tire materials as a substitute raw material. (2) Scrap tire facilities, as described in 335-4-3-.01(1), shall apply for a registration at least forty-five (45) days prior to receiving tire material. Upon receipt of a complete application, ADEM shall provide the facility with its registration number and the accumulation limit of tire materials that the facility may accumulate or store. (3) All new registrations issued after the effective date of 335-4-3-.August 12, 2024, but prior to May 1, 201(3)27, will be valid for three (3) years. All registrations issued on or after May 1, 2027, will be valid for five (5) years. (4) All existing registered facilities, except for fuel users, as of the effective date of 335-4-3-.August 12, 201(3)24, and as described in 335-4-3-.01(1), shall submit an application for registration renewal in accordance with 335-4-1-.03(4) within one hundred eighty (180) days of the effective dateAugust 12, 2024, of these rules. Facilities that do not submit an application for registration renewal within one hundred eighty (180) days of the effective date of these regulations, shall have their registration terminated. (5) Registered facilities may request a modification to the registration approval to increase the accumulation limit of tire materials they may accumulate or store. The request shall be submitted to ADEM at least forty-five (45) days prior to the proposed change in operations utilizing ADEM Form 537 via the Department approved electronic system. Approval of the modification shall be at the sole discretion of ADEM. (6) Registrations are not transferable. If a registered facility has a change in ownership, the new owner shall apply, as described in 335-4-1-.03, for a new registration at leastwithin 3-.01-1 thirty (30) days prior toof assuming ownership or operational control of the facility, where such change was foreseen and advance notification was practical. (7) If a scrap tire receiver is found to be in significant noncompliance with 335-4, the registration for the receiver may be revoked and deactivated by the Director. Within thirty (30) days of the date of the revocation, the receiver may request an informal hearing with ADEM to discuss the revocation by ADEM. Following this hearing, the Director shall advise the receiver of the final determination on the registration. (8) Registered facilities that discontinue receiving, processing or utilizing tire materials shall notify ADEM, as described in 335-4-1-.03, within thirty (30) days of a change in operations and request that their registration be terminated. All tire materials shall be removed from the facility before ADEM will terminate the registration. Author: James L. Bryant, M. Gavin Adams, Adam N. Rhodes. Blake