al-al-6a451ca28a30591c95b65f2a: 335-4-4-.04 — Disposal In A SWDF

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.: 335-4-4-.04 Rule Title: Disposal In A SWDF Intended Action: Amend Would the absence of the proposed rule significantly harm or endanger the public health, welfare, or safety? Yes 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 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 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 Division of the Legislative Services Agency.ts of the Administrative Procedure Signature of certifying officer Jeffery W. Kitchens D Jeffery W. Kitchens ’ D & F IL E R E C 26 Date Friday, September 18, 2026 SE P 18, 20 V C A G E N C Y L EG IS LA T I E S 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: 335-4-4-.04 Disposal In A SWDF INTENDED ACTION: Amend SUBSTANCE OF PROPOSED ACTION: Revisions are proposed to add for requirements for submission of a scrap tire semi-annual report. 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) 335-4-4-.04 Disposal In A SWDF. A SWDF permitted by ADEM under 335-13 does not have to obtain a new or different permit to accept tires for disposal if tires are an approved waste stream for that SWDF. Additional requirements for the SWDF include: (a) Tire materials transported to a SWDF for disposal shall be placed directly in the landfill cell, unless the materials can be beneficially used, recycled, or further processed, and are managed as described in the SWDF permit and in accordance with 335-13. (b) A SWDF may remove tires usable as used tires or casings for retreading and shall store the tires in accordance with 335-4-4-.02. (c) Processed tire material delivered to a SWDF for engineered use shall not be stored within 200 feet of an active landfill cell, and shall be stored in accordance with 335-4-4-.02(2) except that an Emergency Response Plan is not required. There shall be no time limit for storage of processed tire material to be used in this manner. (d) A SWDF shall submit a scrap tire semi-annual report in accordance with 335-4-1-.03, utilizing ADEM Form 539, for each six (6) month period of the calendar year (January through June and July through December). All reports shall be submitted to ADEM no later than the 28th day following the end of the reporting period. Author: James L. Bryant, M. Gavin Adams Adam N. Rhodes. Blake B. Pruitt. Jason J. Wilson Statutory Authority: Code of Ala. 1975, §§22-40A-1 et seq. History: New Rule: Filed June 30, 2004; effective August 4, 2004. Amended: Filed February 27, 2007; effective April 3, 2007. Amended: Published June 28, 2024; effective August 12, 2024. Amended: Published ______; effective ______. 4-.04-1