Recently, Tyre and Rubber Recycling was advised of a possible loophole regarding waste tyres, after a short investigation we have a clarification from the Environment Agency
It had been reported to us by a permitted recycler than an Environment Agency inspector was unclear on when a tyre was a waste, and who could declare it a waste.
The EA inspector argued that since the tyres might be resold as part worn, or as casings for retreading, they were not waste. His argument ran that the retailer was not in a position to classify the tyres, therefore they may not be waste when they left his premises, so they could be moved by anyone with a van to a third party where they may or may not be classified as waste.
This idea ran contrary to the understanding of the law by the Tyre Recovery Association, the NTDA, and most players in the market. It seemed incredulous that an EA inspector might have this idea, so Tyre and Rubber Recycling asked the Environment Agency for a clarification.
The initial response was probably an AI generated answer, as it covered all the bases. It did, however state; “Waste is defined as any substance or object which the holder discards, intends to discard or is required to discard.” Which is pretty clear, if you are not going to use a tyre, it is waste (that gives rise to other questions – such as if a retailer gives tyres to a third party to build an rammed earth retaining wall, are those tyres waste?)
However, the same response has a link to a document – Check if your material is waste.
The guidance on waste has a list of factors impacting on waste criteria, which we will not list here, but it does say this; “All the factors must be considered. It’s not possible to decide if something has been discarded based on a single factor, unless the law specifically says that it must be disposed of.”
This is possibly where the idea that a tyre might not be waste at the point of removal came from.
Tyre and Rubber Recycling went back to the EA seeking a further clarification and gave the reason why we were asking the question. The reply came back with the clear wording; “A tyre removed by a garage and left with the garage is a waste. Once retreaded and marked accordingly or inspected as a part worn and marked accordingly, it ceases to become a waste.”
There is no ambiguity in the EA interpretation, a tyre removed from a vehicle is deemed waste until it is considered to meet the end-of-waste criteria.
As a result of the matter being raised, the EA is advising operational staff accordingly.
All players in the UK tyre sector can be clear, the tyres removed from vehicles are waste. There is no abdicating responsibility by saying they MAY be retreaded or resold as part-worn. They must be treated as waste and handled accordingly.
