Burning tires is illegal in virtually every US state and prohibited under federal environmental regulations, regardless of whether you are on public or private property. The smoke from burning rubber contains benzene, polycyclic aromatic hydrocarbons, and other toxic compounds that are regulated air pollutants under the Clean Air Act.
Most people assume that rural land or private property creates a legal exception. It does not. Open burning of tires is one of the most consistently prohibited forms of outdoor burning in the United States.
This article covers the federal law, state-by-state rules, what the real penalties are, whether any location creates a legal exception, and how to legally dispose of old tires in 2026.
Is It Illegal to Burn Tires
Yes, burning tires is illegal in virtually every US state and is restricted by federal law under the Clean Air Act. The prohibition applies to open burning, which means burning tires outdoors without a permitted combustion system that controls emissions.
The core federal framework comes from the Environmental Protection Agency’s open burning regulations, specifically 40 CFR Part 62, which addresses state plans for controlling air pollutants from specific sources. Tires are specifically addressed because their combustion releases a documented set of hazardous air pollutants including benzene, hydrogen cyanide, carbon monoxide, and particulate matter.
At the state level, all 50 states have enacted their own open burning regulations that independently prohibit tire burning. These state laws operate alongside federal rules, meaning a person who burns tires can be cited under state environmental law even when federal enforcement does not act.
Quick Facts:
- Open tire burning is prohibited in all 50 states
- Federal authority comes from the Clean Air Act and EPA’s 40 CFR Part 62
- Tires release benzene, styrene, and other hazardous compounds when burned
- Even one tire burned outdoors typically violates state open burning rules
- Permitted industrial facilities can process tires as tire-derived fuel (TDF) legally
Is It Legal to Burn Tires
No, it is not legal to burn tires in open conditions in the United States. The only legal tire combustion occurs in specifically permitted industrial facilities that meet EPA emissions standards for tire-derived fuel use. Those facilities have pollution control equipment that prevents the toxic emissions associated with open tire burning.
The distinction that matters legally is between open burning and controlled combustion in a permitted facility. A cement kiln, a pulp and paper mill, or an industrial boiler that burns tire-derived fuel under an EPA permit is not violating any law. A homeowner who burns tires in a field, a bonfire, or a burn barrel is violating state and potentially federal law.
No exemption in any state or federal regulation makes casual tire burning legal for private individuals. The “legal” tire burning that exists in the US is entirely within the permitted industrial combustion system, which is inaccessible to ordinary property owners.
| Activity Type | Legal Status | Governing Authority |
|---|---|---|
| Open tire burning on private land | Illegal in all 50 states | State environmental law |
| Open tire burning on public land | Illegal everywhere | State and federal law |
| Industrial TDF in permitted facility | Legal with permit | EPA 40 CFR Part 241 |
| Tire burning in a burn barrel | Illegal in all 50 states | State open burn regulations |
| Tire burning for heat in winter | Illegal everywhere | State air quality law |
Is It Illegal to Burn Tires in the US
Burning tires is illegal throughout the United States under a combination of federal environmental regulation and state-level open burning statutes. There is no US jurisdiction, urban or rural, where open tire burning by a private individual is permitted.
The federal Clean Air Act (42 U.S.C. 7401 et seq.) establishes the national framework for air quality regulation. Under the Act, the EPA has authority to regulate sources of hazardous air pollutants, and open burning of tires falls within that regulatory scope. EPA’s regulations under 40 CFR Part 62 and 40 CFR Part 241 address tire combustion specifically.
Every state has adopted an open burning regulation as part of its State Implementation Plan (SIP) under the Clean Air Act. These state plans are submitted to and approved by the EPA, and they must meet minimum federal standards. All approved SIPs prohibit open tire burning because tires generate pollutants that exceed acceptable air quality thresholds when burned outdoors.
Why the ban is universal across all 50 states:
- All state open burning regulations must meet EPA minimum standards under the Clean Air Act
- Tires generate PAHs, dioxins, and furans when burned, all of which are regulated hazardous air pollutants
- No SIP could be approved that permitted open tire burning given the documented emissions data
- The federal floor on open burning standards effectively prevents any state from exempting tire burning
Why Is Burning Tires Illegal
Burning tires is illegal because the combustion of rubber produces a highly toxic mixture of air pollutants that poses documented health and environmental risks to surrounding communities. The prohibition is a direct response to the specific chemistry of what happens when rubber tires burn.
When a tire burns, it releases: benzene (a known human carcinogen), styrene, toluene, ethylbenzene, polycyclic aromatic hydrocarbons (PAHs including benzo(a)pyrene), hydrogen cyanide, carbon monoxide, sulfur dioxide, particulate matter, and toxic heavy metals including lead, cadmium, and zinc. These are not trace amounts. Burning one tire can generate significant quantities of each.
The visible black smoke from tire fires is itself a regulated pollutant. Black smoke from open tire burning can be seen from miles away and represents a dense concentration of fine particulate matter that penetrates deep into human lungs. Communities downwind of tire fires have reported respiratory distress, eye irritation, and nausea from the exposure.
Key Takeaway: Tire burning is illegal specifically because of what tires are made of. The rubber, carbon black, steel belting, and chemical additives in tires produce a documented roster of carcinogens and hazardous air pollutants when combusted outdoors. The law reflects the science.
Is It Illegal to Burn Tires on Your Property
Burning tires on your property is illegal in every US state. Private property ownership does not create a legal exception to state open burning bans or federal air quality regulations. The smoke from a tire fire does not stay on your property.
This is the most common misconception about tire burning law. Many property owners believe that what they do on their own land is their business. Air quality law operates differently. The emissions from a tire fire travel off the property to affect neighboring land, community air quality, and public health. Those effects give regulatory agencies jurisdiction regardless of property lines.
State environmental agencies have enforcement authority on private property for air quality violations. An inspector from your state’s department of environmental quality or environmental protection can investigate a tire burning complaint on private property, issue citations, and assess fines without needing the property owner’s consent to inspect when a violation is ongoing.
Who can be cited for tire burning on private property:
- Property owners who burn their own tires
- Tenants who burn tires with or without the owner’s knowledge
- Contractors who burn tires at a job site on private property
- Anyone who ignites a fire that burns tires, even if the tires were not intentionally added
Is It Legal to Burn Tires on Private Property
No, burning tires on private property is not legal in any US state. The legal framework for open burning regulation does not draw a meaningful distinction between public and private land for purposes of tire burning enforcement.
Some states do have open burning rules that vary based on location, typically allowing certain types of yard debris burning in rural areas that would be prohibited in urban or suburban zones. Those location-based distinctions apply to agricultural burning, land clearing, and yard waste. They do not extend to tires.
Tires are treated as a separate category of regulated waste in most states precisely because the emissions problem applies regardless of location. A tire fire in a rural area still generates the same toxic smoke as one in a city. Wind carries the emissions across property lines and into neighboring communities.
Open burning rules that do NOT apply to tires:
- Agricultural field burning exemptions do not cover tires
- Yard debris burning permits do not authorize tire burning
- Campfire or recreational fire exemptions do not cover tires
- Burn barrel regulations in states that permit burn barrels typically exclude tires
- Rural open burning exemptions in some states explicitly carve out tires
Is It Illegal to Burn Tires in Your Backyard
Yes, burning tires in your backyard is illegal throughout the United States, and local fire departments and environmental agencies actively respond to backyard tire burning complaints. The backyard setting provides no legal protection.
Local fire departments often have enforcement authority over outdoor burning separately from state environmental agencies. A neighbor who reports a tire fire in a backyard may trigger both a fire department response and an environmental agency notification. Both agencies can cite the property owner independently.
Backyard tire burning is also subject to local ordinances in addition to state and federal law. Most municipalities have open burning ordinances that prohibit burning materials that generate excessive smoke, odors, or toxic emissions. Tires universally fall into that category. A homeowner can face citations under local ordinance, state environmental law, and potentially federal law simultaneously for the same backyard tire fire.
Agencies that can respond to backyard tire burning:
- Local fire department (burning ordinance and fire safety)
- State department of environmental quality or environmental protection
- Local code enforcement (municipal ordinance)
- County health department (public health nuisance)
- State or regional air quality management district
Is It Illegal to Burn Rubber Tires Outside
Burning rubber tires outside is illegal under state open burning laws in all 50 states and potentially under federal regulations as well. The outdoor setting removes any possibility that the emissions will be captured or controlled, which is the specific harm that the law addresses.
“Outside” in the context of burning rules means burning without an enclosed permitted combustion chamber with emission controls. Even a simple wood stove or fireplace creates some level of emission confinement compared to an outdoor tire fire. Open outdoor tire burning is the worst-case scenario from an air quality enforcement standpoint.
The only outdoor context in which tire combustion might occur legally is at a licensed facility with outdoor emissions monitoring and control equipment, such as a properly permitted tire shredding operation that uses tire-derived fuel in compliance with EPA standards. That is categorically different from burning tires in a field or fire pit.
Key Takeaway: There is no outdoor setting, no property type, and no quantity of tires where open outdoor tire burning is legal for private individuals in the United States. The prohibition is absolute for private, non-permitted combustion regardless of location.
Can You Burn Tires in a Burn Barrel
You cannot legally burn tires in a burn barrel. States that permit burn barrel use for certain materials, typically dry wood, cardboard, and paper, universally exclude tires from the list of materials that can be burned in a barrel. The burn barrel exemption, where it exists, does not extend to any form of rubber or tire material.
Burn barrel regulations in permissive states typically list the specific materials that can be burned legally and explicitly prohibit tires, rubber, plastics, treated wood, garbage, and other materials that generate toxic emissions. The explicit prohibition on tires in burn barrel regulations reflects the recognition that even small amounts of burning rubber produce disproportionate air quality impacts.
A standard metal burn barrel also does not meet the emission control standards required for legal tire combustion in any US jurisdiction. A permitted tire-derived fuel facility uses industrial combustion chambers with temperatures exceeding 1,000 degrees Celsius and scrubber systems to capture pollutants. A backyard burn barrel operating at a fraction of that temperature produces far worse emissions per tire.
| Burn Method | Legal for Tires? | Why Not |
|---|---|---|
| Open outdoor fire | No | Prohibited by all state open burning laws |
| Backyard burn barrel | No | Explicitly excluded from burn barrel permits |
| Fire pit | No | Same prohibition as open burning |
| Industrial TDF boiler | Yes with permit | Meets EPA emission control standards |
| Cement kiln with permit | Yes with permit | High-temperature complete combustion |
Is It Illegal to Burn One Tire
Yes, burning one tire is illegal under state open burning laws in all 50 states. The prohibition is not based on quantity. Burning a single tire is as legally prohibited as burning a hundred tires in the same location.
The legal framework focuses on the act of open burning and the material being burned, not on the scale of the fire. Open burning statutes typically say something equivalent to: “no person shall burn tires.” The number one does not create an exception.
Some people believe that a single tire is below some practical enforcement threshold. That may be true in practice in some rural areas where enforcement is sparse, but it is not a legal protection. If an inspector or officer observes the burning or receives a complaint, a citation for burning one tire carries the same legal weight as a citation for burning a pile of fifty.
Why quantity does not create a legal exception:
- State statutes prohibit burning tires, not burning quantities above a threshold
- One tire produces a substantial volume of toxic smoke and pollutants
- The harm to air quality occurs at any quantity of tire combustion
- Enforcement thresholds are practical, not legal; citations can be issued for any quantity
- A complaint from one neighbor about the smell is sufficient to trigger investigation
States Where Burning Tires Is Illegal
Burning tires is illegal in all 50 US states, with the specific statutes, enforcement agencies, and penalty structures varying by state. No state has a general exemption for open tire burning by private individuals.
The following table shows a sample of states with their primary tire burning statutes and enforcement agencies:
| State | Primary Statute | Enforcement Agency | Violation Classification |
|---|---|---|---|
| California | Health and Safety Code 41700 | CARB / Air Districts | Misdemeanor; civil fines |
| Texas | Health and Safety Code 382 | TCEQ | Civil; criminal for willful |
| Florida | Florida Statute 403 | FDEP | Civil; criminal for serious violations |
| Georgia | Georgia Code 12-9 | EPD | Civil penalty; criminal for willful |
| New York | Environmental Conservation Law 71 | DEC | Civil; criminal for knowing violations |
| Ohio | ORC 3704 | Ohio EPA | Civil; criminal misdemeanor possible |
| Pennsylvania | Clean Air Act PA | DEP | Civil; criminal for intentional |
| Michigan | Natural Resources and Environmental Protection Act | EGLE | Civil and criminal |
Every state in the US has enacted open burning regulations under its Clean Air Act State Implementation Plan. All of these plans specifically prohibit tire burning. The variation is in penalty amounts and whether violations are treated civilly or criminally.
EPA Rules on Burning Tires
The EPA’s primary regulatory framework for tire burning comes from 40 CFR Part 62, which governs state plans for emission guidelines and compliance schedules, and 40 CFR Part 241, which addresses the identification of non-hazardous secondary materials that are solid waste when burned in combustion units.
Under 40 CFR Part 241, tires burned in industrial combustion units are subject to specific standards when those tires are considered solid waste rather than a legitimate fuel. The distinction between solid waste tire combustion and legitimate tire-derived fuel combustion affects which EPA standards apply to an industrial facility.
For private individuals, the EPA’s relevant framework is simpler: open burning of tires is prohibited under the Clean Air Act’s general provisions and under each state’s EPA-approved State Implementation Plan. The EPA does not directly enforce most open burning violations at the individual level; that enforcement is handled by state and local agencies using the authority granted under their EPA-approved plans.
EPA regulatory framework for tire burning:
- Clean Air Act Section 111: Sets emission standards that include tire combustion facilities
- 40 CFR Part 60: Standards of performance for new stationary sources
- 40 CFR Part 62: State plans for emission guidelines compliance
- 40 CFR Part 241: Non-hazardous secondary materials determination for combustion
- State Implementation Plans (SIPs): Primary enforcement tool for individual open burning violations
Is It Illegal to Burn Tires in Texas
Yes, burning tires in Texas is illegal under the Texas Clean Air Act, codified in the Texas Health and Safety Code Chapter 382, and enforced by the Texas Commission on Environmental Quality (TCEQ). Texas explicitly prohibits open burning of tires in its open burning regulations.
Texas has specific regulations under 30 TAC Chapter 111 that address outdoor burning. Section 111.201 of those regulations prohibits outdoor burning of rubber products, which includes tires. The prohibition applies statewide, including in rural areas, on agricultural land, and on private property.
Texas does have agricultural burning exemptions in some rural areas, but those exemptions specifically exclude tires and other rubber products. A Texas property owner who burns agricultural waste legally in a permitted burn area cannot legally add tires to that fire.
Texas tire burning rules:
- Statute: Texas Health and Safety Code Chapter 382
- Regulation: 30 TAC Chapter 111, Section 111.201
- Enforcement: TCEQ and local air quality control agencies
- Penalty: Civil fines up to $25,000 per day per violation for serious cases
- Criminal exposure: Knowing violations can be prosecuted criminally
- Agricultural exemption: Does not apply to tires
Key Takeaway: Texas is an example of a state with both strong agricultural burning traditions and a firm prohibition on tire burning that specifically excludes tires from agricultural burning exemptions. The rural setting does not create a legal exception in Texas or any other state.
Penalty for Burning Tires Illegally
The civil penalty for burning tires illegally ranges from hundreds of dollars for a first-offense citation under a local ordinance to $25,000 or more per day per violation under state environmental law. Criminal penalties can include fines and jail time for willful or knowing violations.
Most first-time tire burning violations at the individual level result in civil penalties from state environmental agencies. These civil penalties are assessed per day that the violation continues, which matters because an ongoing tire fire can accumulate daily penalty exposure rapidly.
| Penalty Type | Agency | Range | Notes |
|---|---|---|---|
| Local ordinance citation | City/county | $50 to $500 | First offense typically |
| State civil penalty (individual) | State DEQ/EPA | $500 to $25,000 per day | Serious violations |
| State criminal misdemeanor | State courts | Up to $10,000 and 1 year | Knowing violations |
| State criminal felony | State courts | $25,000+ and prison | Willful serious violations |
| Federal civil penalty | EPA | Up to $70,117 per day | Federal Clean Air Act max |
Federal penalty maximums are adjusted periodically for inflation under the Federal Civil Penalties Inflation Adjustment Act. The $70,000+ federal maximum applies to the most serious Clean Air Act violations; individual tire burning cases are typically handled at the state level with lower penalty ranges.
What Happens if You Burn Tires Illegally
If you burn tires illegally, you can face citations from local fire departments or environmental agencies, civil fines from your state environmental agency, and in cases of deliberate or large-scale burning, criminal charges. The sequence of consequences depends on how the violation is discovered and how serious it is.
The most common scenario for a private individual: a neighbor or passerby smells or sees the smoke and calls the fire department or local authorities. Fire department responds, extinguishes the fire if still burning, and issues a citation or refers the case to the state environmental agency. The state agency follows up with a civil penalty notice.
For larger violations involving commercial quantities of tires or deliberate large-scale tire fires, state environmental agencies may refer cases to their criminal enforcement divisions. Knowing and willful violations of state Clean Air Act provisions can result in criminal misdemeanor or felony charges depending on the state.
Consequences timeline for illegal tire burning:
- Immediate: Fire department or law enforcement response if reported during burning
- Short-term: Civil citation from local authority; possible stop order
- Weeks later: State environmental agency civil penalty notice based on inspection report
- If contested: Administrative hearing process or civil court proceedings
- If deliberate: Referral to criminal enforcement division; potential criminal charges
- Civil liability: Neighboring property owners can sue for nuisance and health damages
Is Tire Burning a Felony or Misdemeanor
Tire burning is classified as a misdemeanor for most first-offense or small-scale violations, but it can be elevated to a felony for knowing, willful, or large-scale illegal tire burning under state environmental criminal statutes. The classification depends on the state and the severity of the conduct.
Most state environmental criminal statutes have tiered structures. A negligent first-time violation typically carries misdemeanor exposure. A knowing violation of a known environmental prohibition carries higher misdemeanor or low-level felony exposure. A willful, deliberate violation that causes substantial environmental harm or public health risk can be prosecuted as a serious felony.
California’s criminal provisions under the Health and Safety Code provide an example. Knowing violations of air pollution regulations can be prosecuted as misdemeanors with fines up to $25,000 per day and up to one year in jail, or as felonies with fines up to $75,000 per day and up to three years in prison for serious or aggravated violations.
Criminal classification framework for tire burning:
- Civil infraction: Many states start with civil penalties; no criminal record
- Misdemeanor: Knowing or negligent violation; fines and up to 1 year county jail
- Felony: Willful serious violation; significant fines and state prison sentence
- Factors that elevate to felony: Large quantity, public health impact, prior violations, deliberate concealment
Legal Ways to Dispose of Old Tires
Legal tire disposal options are widely available across the United States, and many of them are free or low-cost for private individuals with a small number of tires. The legal path avoids all the legal and financial risks of tire burning.
Most states have tire recycling programs funded by a tire disposal fee collected at the point of purchase for new tires. These programs often include free or reduced-cost drop-off locations for old tires. Checking with your state’s environmental agency website or your local county waste management office will identify the nearest free drop-off location.
Legal tire disposal options:
| Method | Cost | Availability |
|---|---|---|
| Retailer drop-off (at tire purchase) | Often free | Universal; most tire shops |
| Municipal hazardous waste events | Free | Most counties; periodic events |
| State recycling drop-off sites | Free to $5 per tire | Most states have these programs |
| Tire recycling facilities | $1 to $5 per tire | Available in most metropolitan areas |
| Curbside collection (some areas) | Included in service | Limited to some municipalities |
| Craigslist or Facebook Marketplace | Free (tire goes to others) | Works for tires in good condition |
Tires can also be legally repurposed for landscaping, garden beds, playground equipment, and other uses. Using a whole tire as a planter or swing does not involve burning and creates no air quality concern.
Frequently Asked Questions
Is it illegal to burn tires in the United States?
Yes, burning tires is illegal in all 50 US states and is restricted under federal EPA regulations.
No state has a general exemption that allows private individuals to burn tires in open conditions.
The only legal tire combustion occurs in specifically permitted industrial facilities with emission control systems.
Can you burn one tire on your own property?
No, burning even one tire on your own property is illegal under state open burning laws in all 50 states.
Private property ownership does not create a legal exception to air quality regulations.
Enforcement agencies can cite property owners for burning a single tire the same as for burning a pile of tires.
What is the fine for illegally burning tires?
Fines for illegal tire burning range from $50 to $500 for a local ordinance citation at the low end to $25,000 or more per day per violation under state environmental law for serious cases.
Federal Clean Air Act penalties can exceed $70,000 per day for the most serious violations.
Criminal fines can reach $75,000 per day in some states for willful violations with the possibility of prison sentences.
Can you use a burn barrel to burn tires legally?
No, burn barrels cannot legally be used to burn tires anywhere in the United States.
Even in states that permit burn barrels for certain materials, tires are explicitly excluded from those permits.
A burn barrel does not meet the emission control standards required for legal tire combustion.
What are the legal ways to get rid of old tires?
Legal tire disposal options include retailer drop-off when purchasing new tires, state recycling program drop-off sites, municipal hazardous waste collection events, and licensed tire recycling facilities.
Many of these options are free or cost only a few dollars per tire.
Tires can also be repurposed for gardens, playgrounds, or other uses without burning.
Burning tires is one of the clearest cases in US environmental law: it is prohibited everywhere, for everyone, under every set of circumstances that a private individual would encounter. The legal disposal options are accessible and often free.
Bookmark this page as your 2026 reference for tire burning law, and share it with anyone who is considering burning old tires as a disposal method without knowing the legal and health consequences.
