Processor and End User Partial Reimbursement

The Colorado General Assembly passed legislation in 2010, House Bill 10-1018, creating the Processor and End User Program, C.R.S. 25-17-202.5. The purpose of such partial reimbursements shall be to assist new and existing waste tire recycling technologies to become economically feasible and to thereby encourage the use of waste tires and reduce the storage of waste tires in Colorado.

New regulations went into effect on December 30, 2012 (6 CCR 1007-2 Part 4) due to the passage of House Bill 12-1034. Some changes include:

• Processors are eligible for reimbursement only when they end use the tire-derived product or the tire-derived product is sold to an end user and moved off-site.
• An “End User” means a person who uses a tire-derived product for commercial or industrial purpose. 
• A new Tire Bale Processor/End User Approval Form

Due to these changes, only version 7 of the Processor & End User Application will be accepted for January 2013 applications and forward. The new regulations, application and the Tire Bale Processor/End User Approval Form are available at the bottom of this webpage.

Partial Reimbursement Rate 

1. The amount of the partial reimbursement for waste tires processed or end used may be up to $65.00 per ton. 
2. Every month the Department will reimburse processors and end users of waste tires from the fund according to the following method:
   • The Department will pay end users twice as much per ton for each ton of waste tires used as it will pay processors for each ton of waste tires processed;
   • Any one waste tire is eligible for reimbursement one time for the processing of that waste tire and one time for the end use of that waste tire;
   • If using this method the end use reimbursement rate exceeds $65 per ton, then the excess funds will be distributed to the processors;
   • If using this method both the end use reimbursement rate and the processor reimbursement rate exceed $65 per ton, then the excess funds will remain in the fund to be distributed the following month. 
3. Funds will be disbursed pro-rata, based on the amount of revenue received in the preceding month made available to the Department for partial reimbursements, divided by the approved requests received by the deadline date, as expressed in tons. Distribution of funds cannot exceed available balance at any time. 

Proprietary Information Policy

If information is provided by an applicant that constitutes a trade secret, confidential personnel information, or proprietary commercial or financial information, in accord with § 24-72-204(3), C.R.S., then the applicant may request the Department withhold such documents from disclosure in the event the Department receives a request for records in accord with the Colorado Open Records Act, § 24-72-101 et seq. All such documents must be clearly marked with the term “Proprietary Information” on each appropriate page. Records marked as containing trade secret, confidential, personnel, or proprietary information that do not actually contain such information may be released pursuant to an Open Records Act request.

Enforcement

A processor or end user who applies for a partial reimbursement is subject to a review by the Department at any time. Applicants shall allow access to all records related to waste tire management activities during normal business hours for the purpose of determining compliance with these rules for five years from the date of partial reimbursement.

Submission of Partial Reimbursement Applications

The completed application and all attachments can be sent by courier or certified mail to:

Brian Gaboriau

Colorado Department of Public Health and Environment
4300 Cherry Creek Drive South
DEHS-B2
Denver, Colorado 80246-1530
Attn: Waste Tire Program / Processor & End User Program

Incomplete applications and applications postmarked after this deadline will NOT be accepted. All applicants will receive e-mail notification of the receipt of their proposal within 1 business day. If any questions or if e-mail notification of receipt of application is not received, please e-mail Brian Gaboriau at cdphe.ppp2@state.co.us (Subject Line: Processor & End User Program Questions) or call 303-692-2097.

• Processor and End User Program Application (Ver. 7)  
• Processor and End User Program Application (Ver. 7)
• W-9 Blank Form
• Electronic Transfer Form   
• Processor and End User Program Regulations (4/14/13)

• House Bill 12-1034   
• Tire Bale Processor/End User Approval Form     
• Tire Bale Processor/End User Approval Form        

Helpful Web Links

 Hazardous Materials and Waste Management Division / Solid Waste and Materials Management Program / Waste Tire Regulations   

 Questions?

Call  303-692-2097 or email cdphe.ppp2@state.co.us

 Please contact us if you have any further questions