THE NATIONAL HIGHWAY TRAFFIC SAFETY Administration (NHTSA), Washington, has overturned its ban on the use of recalled tires in landfill construction. The final rule was issued this spring in response to a petition by the Rubber Manufacturers Association (RMA), Washington.

In August 2004, NHTSA issued a final rule implementing a portion of the Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act, which requires tire manufacturers, to the extent that they can, to limit the disposal of recalled tires in landfills through recycling and reuse. Contrary to the recommendations of RMA and the Washington-based National Solid Wastes Management Association (NSWMA), the final rule prohibited the use of recalled tires in landfill construction.

After the rule was issued, RMA asked NHTSA to reconsider. After re-examining the relevant section of the TREAD Act, the agency determined that “in the context of Section 7, disposal does not include the use of tires or parts thereof in landfill construction.”

Scrap tires are used at landfills to build linings and daily covers, and they are also used as engineering fill, says Ed Repa, director of environmental programs for NSWMA.

To view the final rule, visit www.gpoaccess.gov/fr/index.html. In the search engine for Volume 70, type “page 16742.”