Processed Recycled Asphalt Shingles (PRAS) Guidance - PUB4016

On Aug. 28, 2022, Missouri Revised Statutes section 260.221, RSMo went into effect. The law defined and established use criteria for processed recycled asphalt shingles (PRAS) and recycled asphalt shingles (RAS). This fact sheet provides information and guidance regarding statutory interpretation and compliance with section 260.221, RSMo.

How the Law Defines Shingles and Their Use

The law defines “processed recycled asphalt shingles” as recycled asphalt shingles that do not contain extraneous metals, glass, rubber, nails, soil, brick, tars, paper, wood, and plastics and that have been reduced in size to produce a commercially reasonable usable product. Processed recycled asphalt shingles shall also be considered clean fill, as such term is defined in section 260.200, RSMo.

The law defines “recycled asphalt shingles” as manufacture waste scrap shingles and postconsumer, tear-off scrap shingles that are accumulated as products for commercial purposes related to recycling or reuse as processed recycled asphalt shingles.

Regarding use, the law states that PRAS may be used for fill, reclamation, and other beneficial purposes without a permit under sections 260.200 to 260.345, RSMo if such processed recycled asphalt shingles are inspected for toxic and hazardous substances in accordance with requirements established by the Department of Natural Resources, provided that processed recycled asphalt shingles shall not be used for such purposes within 500 feet of any lake, river, sink hole, perennial stream, or ephemeral stream, and shall not be used for such purposes below surface level and closer than fifty feet above the water table. Additionally, the law states that it does not authorize the abandonment, accumulation, placement, or storage of recycled asphalt shingles or processed recycled asphalt shingles on any real property without the consent of the real property owner.

How to Interpret and Comply with the Law

• Does Not Contain Extraneous Material - Processed recycled asphalt shingles (PRAS) that does not contain metals, glass, rubber, nails, soil, brick, tars, paper, wood, and plastics
• Reduced in Size to Produce a Commercially Reasonable Usable Product - A commercially reasonable usable product is one that is reduced to a size that is regularly used and viable in the marketplace. The department will consider a product that maintains a quarterly 1:1 intake to outtake ratio as proof of a material that is regularly used and is viable in its respective marketplace. The department will consider recordkeeping that is available upon request to satisfy proof of intake/outtake.
• Inspected for Toxic and Hazardous substances - It is possible that PRAS contains toxic and hazardous substances that could impact human health and the environment. The person or entity seeking to use PRAS for fill, reclamation and beneficial purposes must determine whether toxic and hazardous substances are present at levels of concern before placement. Currently, the department’s guidance to inspect PRAS for toxic and hazardous substances is to collect representative samples of the PRAS and analyze the samples for Polycyclic Aromatic Hydrocarbons (PAH), RCRA 13 metals using TCLP Method 1311/6010B, and Asbestos using Method 600/R-93/116. Analytical results for PAHs should be compared to the PAH pollutants listed in Missouri’s Water Quality Standards (WQS), 10 CSR 20-7.031. Analytical results for RCRA 13 metals should be compared to Missouri’s Risk Based Corrective Action Default Target Levels for soil to determine if the samples exceed concentrations of concern. If a sample result exceeds a concentration of concern or asbestos is detected, the person or entity utilizing PRAS shall contact the department to make a determination regarding use or disposal of the PRAS.  
• Proximity to Surface Water - PRAS shall not be used for fill, reclamation and other beneficial purposes within 500 feet of any waterbodies (lakes, rivers, ephemeral and perennial streams) and sinkholes.  The person or entity seeking to use PRAS for fill, reclamation and beneficial purposes must submit proof regarding compliance with setback distances in the form of a map that displays the location where PRAS will be placed, including the location of all waterbodies (e.g., lakes, rivers, and ephemeral, intermittent and perennial streams) and sinkholes located within 500 feet of PRAS placement. The map shall indicate the distance from the edge of the PRAS placement to a waterbody or sinkhole within the 500 feet area.
• Proximity to Water Table - PRAS shall not be used for fill, reclamation and other beneficial purposes closer than 50 feet above the water table.  The person or entity seeking to use PRAS for fill, reclamation and beneficial purposes must demonstrate that the placement of PRAS will not be closer than 50 feet above the water table. Per 10 CSR 80-2.010(130), the definition of water table is “the upper surface of a zone of saturation where the fluid pressure of the body of groundwater is equal to the atmospheric pressure.” The determination must be conducted by or under the direction of a geologist registered in the state of Missouri, pursuant to 10 CSR 80-2.015(1)(D).
• Consent of Real Property Owner - The person or entity seeking to use PRAS for fill, reclamation and beneficial purposes shall either submit proof of property ownership by providing a copy of the property deed or provide signed consent from the property owner acknowledging the allowance of PRAS placement on the person’s property, which will include the person(s) name, address and signature.
• Does Not Cause a Threat to Human Health or the Environment or Create a Nuisance - The person or entity seeking to use PRAS for fill, reclamation and beneficial purposes must state the nature of how the PRAS will be used for fill, reclamation or beneficial purpose and how the use will not cause a harm to human health or the environment or create a nuisance.  
• Other Conditions - PRAS may not be used below surface level (i.e., buried). PRAS or RAS may not be abandoned, accumulated, placed or stored on any real property without the consent of the real property owner.

All items above shall be necessary and complete in order to use PRAS as clean fill in compliance with and pursuant to section 260.221, RSMo.

Please note that pursuant to section 260.210, RSMo, whole shingles are considered a construction and demolition waste and cannot be disposed of on the surface of the ground or buried.

This document is intended to provide guidance regarding management of waste shingles. Questions should be addressed to your local Missouri Department of Natural Resources regional office or to the Waste Management Program. In addition to these state requirements, counties or municipalities may have additional requirements for management of waste shingles. Contact the county or municipal agency directly to learn of these requirements.