Submitted Jan. 23, 2016
The Minister of the Environment and Climate Change directed the current Used Tires Program wind up by Dec. 31, 2018, and Ontario Tire Stewardship (the IFO operating the program) subsequently winds up as a corporation.
To enable a seamless transition for the management of tires in Ontario from the Waste Diversion Transition Act to the Resource Recovery and Circular Economy Act, the Ministry of Environment and Climate Change anticipates the proposed regulation be made and filed in March 2018, prior to the wind up of the Used Tires Program, with requirements being phased in as specified in the proposed regulation.
It is proposed that the reporting, record keeping, and auditing requirements would take effect in March 2018, while registration requirements would take effect on May 1, 2018. It is also proposed that the collection, management and promotion and education requirements would take effect on January 1, 2019.
Key principles of the proposed regulation include:
- Eliminate the need for the disposal of tires in Ontario by making tire producers accountable for recovering resources from and reducing waste associated with tires they supply into the Ontario market;
- Foster the continued growth and development of the circular economy;Ontarians’ experience with and access to waste diversion services for tires will not be negatively impacted during and after the transition;
- Establish clear outcomes that enhance the recovery of tires;Provide flexibility for producers to meet their outcomes; andCreate a level playing field for businesses involved in the resource recovery of tires.
Highlights of RCO’s response
- Without a clear definition of recycling and other vague terms within the proposed regulations, it is likely that the marketplace will support the least expensive but allowable end-markets.
- Consequently, markets that provide a value-added product that have higher end-uses, however, are costlier and will likely become uncompetitive.
- In order to attract the processors/technologies that can drive the best economic and environmental results the regulation requires clarity on preferred management applications. Without guidance the marketplace will manage the materials to the lowest cost and lowest value.
- It appears that the definition of processing as drafted would allow a producer to claim diversion credits for all materials that are crumbed or shredded without any requirement or proof as to whether they were replacing virgin equivalents into new production.