State Launches Nation’s First Producer-Led Tire Program

The following article was first posted in the Insights section of Harris Beach Murtha’s website. It is reposted here with permission.

---

Connecticut recently implemented the nation’s first producer-led tire stewardship program pursuant to Public Act No. 23-62 (codified at Conn. Gen. Stat. § 22a-905i), establishing an extended producer responsibility framework for the collection and management of discarded tires throughout the state.

The program is administered by Connecticut Tire Stewardship LLC and overseen by the Connecticut Department of Energy and Environmental Protection.

Who Must Comply

The statute applies primarily to producers and defines the term broadly to capture the entity ultimately responsible for supplying new tires into the Connecticut market and requires them to take responsibility for the products they supply at their end-of-life.

These entities include: (i) the tire manufacturer, where the brand holder is a U.S. entity; (ii) the owner or licensee of the trademark under which the tire is sold, if the manufacturer is not identified; (iii) importers supplying tires into the state; and, if none of the foregoing applies, (iv) the retailer selling the tire to the consumer.

An entity’s compliance obligation is triggered if it supplies tires in Connecticut, defined as transferring title for consideration, including via physical retail or online sales delivered into the state.

The act requires each producer (or its designee) to participate in an approved tire stewardship organization.

Critically, the act requires each producer (or its designee) to participate in an approved tire stewardship organization such as CTS. Failure to do so bars the producer from supplying tires in Connecticut.

By contrast, “covered entities”, including transfer stations, tire retailers, automotive service providers, fleet facilities, and similar collection points, are not automatically subject to mandatory participation, although they may voluntarily participate in the program as collection sites.

This distinction is important for those operating in retail or service roles, as participation affects downstream obligations (e.g., fee restrictions and handling requirements), but is not universally required under the current law.

Core Compliance Obligations

Producers must satisfy several key obligations under the CTS program:

• Join an approved TSO and fund the program. The program is financed entirely through producer funding, generally via per-tire fees assessed on tires sold into Connecticut. These fees, which are $2 for a typical car tire, may be passed through the supply chain or absorbed by the producer.

• Ensure implementation of an approved stewardship plan. The TSO must submit and maintain a DEEP-approved plan that establishes a statewide system for collection, transportation and recycling or reuse of discarded tires.

• Comply with reporting and recordkeeping requirements. The TSO must submit annual reports to DEEP by October 15 each year detailing tire collection volumes, recycling outcomes, program performance metrics and program effectiveness; records must be maintained for at least three years.

• Meet performance goals. The program establishes collection, diversion and recycling targets, along with broader environmental and access goals, which must be monitored and updated over time.

Operational Requirements

For entities participating as “covered entities” in the program (e.g., retailers, transfer stations or automotive service providers), the stewardship plan imposes operational requirements relevant for compliance purposes:

• Free acceptance of discarded tires. Covered entities participating in the program may not charge consumers for the receipt of discarded tires.

• Collection, storage and handling standards. Participating sites must comply with applicable Connecticut solid waste regulations, including requirements relating to storage, protection from environmental conditions and secure handling practices.

• Contractual participation. Covered entities, transporters, and processors must enter into agreements with CTS and comply with program requirements, including qualifications, applicable laws and reporting obligations.

• Use of authorized transporters and processors. Tires must be transported and processed through approved service providers to ensure proper recycling or disposition consistent with statutory requirements.

Program Structure and Practical Implications

The CTS program establishes a statewide system intended to provide consumers with no-cost disposal options and to shift lifecycle responsibility upstream to producers.

The program is funded through fees embedded in the sale of new tires, eliminating (at least within the program) the need for disposal fees at end-of-life.

However, because retailer participation is currently voluntary, the system creates potential compliance and commercial complexities, including the possibility that consumers may still encounter disposal fees outside the program and that collection infrastructure may develop unevenly across the state.

Key Takeaways

For those evaluating applicability of the Connecticut tire stewardship program, the threshold inquiry is whether the entity qualifies as a producer supplying tires into Connecticut; if so, participation in the program is mandatory and a condition of doing business in the state.

For other participants in the tire lifecycle (particularly retailers and service providers), participation is currently elective but carries operational requirements and potential commercial implications that should be evaluated carefully.

---

About the authors: Andy Corea is a Harris Beach Murtha member based in the New Haven office. Lindsey McComber is an associate based in the firm’s Boston office.