Border Research Partnership

1. Border Research Partnership nacts.asu.edu

2. Overview of NACTS • Trinational, Multidisciplinary, Public Policy-Focused • 7 Partner Universities in Mexico and Canada • Trinational Board of Advisors • Three Foci: Sustainability, Security, Competitiveness • Supporters/Partners: CSG-WEST/BLC, BGC, AMC, MAG, EPA (SCERP), DHS, DOS, DFAIT, etc. • Local and customized solutions are often better solutions • “North America Next: A Report to President Obama on Building Sustainable Security,” February 2009

3. Project Objectives • Conduct solution-focused, legislative research in a dynamic context to • a) Determine the state-of-the-art in current legislation • B) Develop recommendations on approaches for the BLC’s members to consider • BLC develops legislative package to discuss with state legislatures (and other stakeholders). • NACTS tracks scrap tire legislation over time (as part of broader NACTS-BLC partnership). • CSG’s “Suggested State Legislation” as model/platform.

4. Progress • Initial findings presented to Border Governors Conference Environment Work Table, Sept. 2009 in Monterrey • 1. Sept. 3 letter from 10 states’ env. secretaries to NADB and BECC • 2. Oct. 7 NADB letter to 10 states’ env. secretaries • Presentation of project to the Border 2012 Tire Initiative Workgroup, Oct. 2009 in San Diego (recorded for DHS’ Our Border site) • Draft report and executive summary circulated to BLC, BGC and other key stakeholders Oct.-Nov. 2009 • Appendices • Work by EPA on Border Tire Network (Ellie Kanipe)

5. States’ Response • U.S.: Unique legislation and programs via agency rules, Border 2012 • Challenges include: Very robust markets, statewide abatement, southbound flows, consumer education • Mexico: Unique legislation that is in the process of designating scrap tires as special management waste; Border 2012 • Challenges include: Very robust markets, statewide abatement, southbound flows, infrastructure, consumer education; further legal definition of roles and responsibilities

6. 2003 BLC Recommendations on Scrap Tires • Encourage member states to “initiate or assertively promote the development of harmonized set of management or regulatory frameworks on the quantification, collection, proper hauling, importation/exportation, disposal, and possible end uses of used and waste tires in all ten border states between the U.S. and Mexico.” • The recommendations emphasize that “The frameworks do not have to be identical in every state, but the systems should be compatible.”

7. Some Leading Efforts • Tamaulipas Decree LX-675 includes amendments to the state sustainable development code specifying scrap tires as special management waste. • CA Senate Bill 167 (Sen. Ducheny) requires a 5-year plan for waste tire programs to specifically address the border region with education, research, infrastructure, mitigation, cleanup, prevention, enforcement, and market developments for reuse and recycling projects. • Texas Senate Bill 617 (Senator Shapleigh), would have rendered tires not meeting inspection criteria unusable.

8. Some Leading Efforts cont. • Arizona HB 2278 (Rep. Jones) would have used crumb rubber from scrap tires as fill material for abandoned mines. • *Arizona has used over 14 million scrap tires on successful Asphalt-Rubber roadway paving; 3/4 of AZ’s 5 million annually produced scrap tires are recycled in A-R pavement construction.

9. Approach 1 Increase recycling and market development • Markets can be developed by permanently or temporarily mandating a prescribed percentage of goods to be made from reused or recycled scrap tires. • Arizona, California, and New Mexico provide subsidies, grants, and/or loans derived from each state’s created scrap tire fee account Examples

10. Approach 2 Increase Revenue • State-mandated tire management and recycling fees have proven viable. • Arizona tire retailers “collect a fee of two per cent of the purchase price for each tire sold but not more than two dollars for each tire sold.” • New Mexico collects an additional $1.50 tire fee with all passenger vehicle tag fees. Examples

11. Approach 3 Enhance Enforcement • A percentage of tire fees can be used to fund enforcement efforts. • States can revoke permits and registrations from non-compliant scrap tire users and sites. • California punishes by fine or imprisonment those who accept or knowingly direct, transport, or abandon waste tires to or at an unpermitted major waste tire facility Example

12. Approach 4 Prevent Land Contamination • Border states can help reduce the need for scrap tire abatement by prohibiting scrap tires from landfills. • Prohibiting the dumping of scrap tires also incentivizes users to be more cautious and creative with their scrap tire end-uses. Examples

13. Approach 5 Create abatement programs or enhance existing programs • The CA Integrated Waste Management Board “may expend available moneys to perform any cleanup . . . required by . . . the need for prompt action to prevent substantial pollution, nuisance, or injury to the public health or safety.” • “If the owner of property . . . refuses to allow the board . . . to enter onto the property and perform all necessary cleanup . . . the board or its contractors shall be permitted reasonable access to the property to perform that activity.” Examples

14. Approach 6 Example Clarify and define the shared responsibility for managing tires as special management waste in the Mexican legal framework. • Tamaulipas Decree LX-675 includes amendments specifying scrap tires as special management waste.

15. A Note on the Mexican Legal Framework • The legal foundations for the comprehensive management of scrap tires in Mexico do exist, particularly in the municipal-level legal instruments. • The Tamaulipas legislation shows significant advances in its specificity. • Nuevo León’s decentralized waste management agency serves as an interesting model.

16. Recommendations for BLC • Conduct strategic outreach to border state legislatures and key committees to discuss the promote and develop customized legislative approaches. • Create a permanent legislative review committee to address scrap tire legislative developments • Maintain permanent participation with the Border 2012 Tire Initiative Workgroup. • Continue to coordinate with the Border Governors Conference Environmental Work Table on developments in the 10 state legislatures on scrap tire management.

17. Recommendations for U.S. state legislatures to consider: • Broad, comprehensive, binational approaches: For example, direct state environmental agencies to allocate resources toward border-related scrap tire projects in a number of key areas, specifically directing funding toward projects in Mexico when warranted and to the benefit of the U.S. state. • Focused approaches: For example, require tire sellers to render scrap tires unusable and therefore not marketable in Mexico.

18. Recommendations for Mexican state legislatures to consider: • Clarify legal definitions: Clarify the classification of scrap tires as special management waste and work with municipalities to update regulations on local integrated waste management program implementation. • Specify best management practices: Legislate the special handling and final deposition of waste tires in suitable sites. • Help build markets: Legislate locally customized approaches to stimulate the development of markets for scrap tire recycling and reuse.

19. Your feedback is essential. Erik Lee, Associate Director, North American Center for Transborder Studies, ASU erik.w.lee@asu.edu, Tel. 480.727.8926 Visit us at nacts.asu.edu Thank you!