Alabama Department of Environmental Management Docket 335-4-6-.06 Proposed Rule

al-al-6a206d4ae89e02b84aa56858: 335-4-6-.06 — Closure Of Facilities

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What this rule does

The proposed rule will change the requirement for updating Closure Plans for tire processors from every three years to every five years. It outlines the steps processors must take when closing their facilities, including developing a Closure Plan that includes waste removal and safety measures.

Plain-language description generated by AI — not the agency’s official summary, which we have not captured for this rule. Read the official text →

The rule, in full

831 words as published, September 30, 2026. View the original →

APA-1 TRANSOF INTENDED ACTIONOTICE Control No.: 335 Department or Agency: Alabama Department of Environmental Management Land Division - Scrap Tire Program Rule No.: 335-4-6-.06 Rule Title: Closure Of Facilities 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 No that could adequately protect the public? Does the proposed rule have the effect of directly or indirectly increasing the costs of any goods or services involved? No 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 purpose of, and so they have, as their primary effect, the Yes protection of the public? Does the proposed action relate to or affect in any manner any 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 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 Jeffery W. Kitchens E C ’D & F IL E D Date Friday, September 18, 2026 SE P 18, 202 6 LE G ISL A TIV E S VC A G EN C Y 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: 335-4-6-.06 Closure Of Facilities INTENDED ACTION: Amend SUBSTANCE OF PROPOSED ACTION: Revisions are proposed to change the length of time for updates to the Closure Plan to five years. 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) 335-4-6-.06 Closure Of Facilities. Processors discontinuing their operations or those not meeting the requirements of 335-4-6 shall discontinue receiving tire materials and shall close the facility. (a) The processor shall submit a Closure Plan to ADEM as a part of the permit application. (b) The Closure Plan shall provide for the following if applicable:

3. Removal of all other regulated solid waste accumulated

at the facility for disposal through a permitted solid waste transfer station or in a SWDF.

6. A plan for site remediation if a contaminant or other

threat to public health or the environment resulting from routine operations, or a fire or other emergency is identified.

7. An estimate of the cost for closure of the facility

according to the Closure Plan. (c) The Closure Plan shall be updated every three (3)five (5) years or when conditions change at the processor that may affect the current closure plan. The updated plan, the new closure cost estimate based on the revised closure plan, and an updated financial assurance instrument shall be submitted to ADEM for review. (d) The processor shall notify ADEM, as described in 335-4-1-.03, when all closure requirements have been implemented. If ADEM determines closure has been completed according to the Closure Plan as required by 335-4-6-.06, the financial assurance instruments shall be released within thirty (30) days. Author: James L. Bryant, Adam N. Rhodes . Blake B. Pruitt. Jason

J. Wilson.

6-.06-1 Statutory Authority: Code of Ala. 1975, §§22-40A-1 et seq. History: New Rule: Filed June 30, 2004; effective August 4, 2004. Amended: Published June 28, 2024; effective August 12, 2024. Amended: Published ______; effective ______. 6-.06-2

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