al-al-6a206cd14fcf967774fce026: 335-4-5-.01 — General Requirements For Receivers

APA-1 TRANSMITTAL SHEET FOR NOTICE OF INTENDED ACTION Control No.: 335 Alabama Department of Environmental Management Land Department or Agency: Division - Scrap Tire Program Rule No.: 335-4-5-.01 Rule Title: General Requirements For Receivers 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 Is there another, less restrictive method of regulation available that could adequately protect the public? 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 that might result from the absence of the proposed rule?the harm NA Are all facets of the rule-making process designed solely for the protection of the public?ave, as their primary effect, the Yes Does the proposed action relate to or affect in any manner any matter of the proposed rule?is a party to concerning the subject No 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 I certify that the attached proposed rule has been proposed in full compliance 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 D Jeffery W. Kitchens & F IL E R E C ’D Date Friday, September 18, 2026 S EP 18 ,202 6 A G EN C Y L A TIVE S VC LE G IS 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: 335-4-5-.01 General Requirements For Receivers INTENDED ACTION: Amend SUBSTANCE OF PROPOSED ACTION: Revisions are proposed to clarify language in 335-4-5-.01(4). 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) 335-4-5-.01 General Requirements For Receivers. (1) A receiver shall not store tire materials in excess of the accumulation limit approved by ADEM. If the excess amount has not been eliminated within thirty (30) days of the date the accumulation limit was exceeded, the receiver shall notify ADEM as described in 335-4-1-.03, and shall begin to remove the tire materials from the facility to a permitted processor or SWDF. (2) No receiver may expose scrap tires to the elements for more than thirty (30) days. If scrap tires are exposed to the elements for more than seven (7) days, a Vector Control Plan shall be prepared and implemented. (3) Receivers are required to use a permitted transporter to transport scrap tires for further evaluation by another business, except as provided in 335-4-5-.01(4). (4) Neither Class One norand Class Two receivers are not required to use a permitted transporter for purposes of transporting their tires or their customers' tires between their business locations, between a customer site and the receiver, or to a permitted processor or SWDF permitted to accept scrap tires or scrap tire materials. Customer tires refer only to scrap tires for which replacement tires are sold by that Class One Receiver to the customer. Each vehicle operated by the receiver to transport scrap tires shall have a decal issued by ADEM, in accordance with 335-4-7-.02. (5) Receivers shall utilize manifests and comply with requirements of 335-4-4-.05 for shipment of tire materials. Author: James L. Bryant, M. Gavin Adams, Adam N. Rhodes . Blake