[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4333 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4333

To require the Administrator of the Environmental Protection Agency to 
establish performance standards for fine particulates for certain pulp 
                and paper mills, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 15, 2005

 Mr. Sanders introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To require the Administrator of the Environmental Protection Agency to 
establish performance standards for fine particulates for certain pulp 
                and paper mills, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tire-Derived Fuel Safety Act of 
2005''.

SEC. 2. COMBUSTION OF TIRE-DERIVED FUEL.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Eligible mill.--The term ``eligible mill'' means any 
        pulp or paper mill (SIC code 2611 or 2621) that burns or 
        proposes to burn tire-derived fuel.
            (3) Emission.--The term ``emission'' means an emission into 
        the air of--
                    (A) a criteria pollutant, including a fine 
                particulate; or
                    (B) a hazardous air pollutant.
            (4) Tire-derived fuel.--The term ``tire-derived fuel'' 
        means fuel derived from whole or shredded tires, including in 
        combination with another fuel.
    (b) Requirements for Approval.--
            (1) In general.--Except as provided in paragraph (2), 
        notwithstanding any other provision of law, the Administrator 
        shall not issue a permit under the Clean Air Act (42 U.S.C. 
        7401 et seq.), and shall object to the issuance of a permit 
        under section 505(b) of that Act (42 U.S.C. 7661d(b)), 
        authorizing the burning of tire-derived fuel at an eligible 
        mill that is a major stationary source (as defined in section 
        111(a) of that Act (42 U.S.C. 7411(a))) unless--
                    (A) the Administrator has listed the source as part 
                of a source category for which a performance standard 
                has been established under subsection (c); and
                    (B) the source demonstrates to the satisfaction of 
                the Administrator that the source--
                            (i) will install any control equipment 
                        required or make the necessary process changes 
                        before the date on which the source begins 
                        operation; and
                            (ii) will operate at or below the required 
                        emissions performance standards as demonstrated 
                        by data from a continuous emissions monitoring 
                        device.
            (2) Interim permits.--Notwithstanding paragraph (1), the 
        Administrator may approve an interim permit (including a trial 
        permit) to burn tire-derived fuel at a new eligible mill, or an 
        eligible mill in existence on the date of enactment of this 
        Act, that is a major stationary source (as defined in section 
        111(a) of the Clean Air Act (42 U.S.C. 7411(a))) that 
        demonstrates to the satisfaction of the Administrator that the 
        source--
                    (A) will install--
                            (i) an electrostatic precipitator;
                            (ii) a Kevlar baghouse; or
                            (iii) any other technology that achieves a 
                        reduction in emissions that is equivalent to 
                        the reduction achieved using an electrostatic 
                        precipitator or a Kevlar baghouse; and
                    (B) will operate at or below the required emissions 
                performance standards as demonstrated by data from a 
                continuous emissions monitoring device.
    (c) Standards for Certain Pulp and Paper Mills.--
            (1) Establishment.--
                    (A) In general.--Not later than 18 months after the 
                date of enactment of this Act, the Administrator shall 
                establish performance standards for fine particulates 
                for--
                            (i) new eligible mills; and
                            (ii) eligible mills in existence on the 
                        date on which the standards are proposed.
                    (B) Requirements.--In establishing standards under 
                subparagraph (A), the Administrator shall--
                            (i) ensure that the standards would result 
                        in reductions in emission levels that are at 
                        least equal to reductions achieved through the 
                        use of an electrostatic precipitator or Kevlar 
                        baghouse; and
                            (ii) require pulp and paper mills that are 
                        in operation as of the date on which the 
                        standards are proposed, but that are not in 
                        compliance with those standards, to come into 
                        compliance with the standards by not later than 
                        18 months after the effective date of the 
                        standards.
            (2) Study and report on general health effects.--Not later 
        than 1 year after the date of enactment of this Act, the 
        Administrator shall conduct a study, and submit to Congress a 
        report, on the impact on human health of increased emissions, 
        especially fine particulates, from the use of tire-derived 
        fuel.
            (3) Report on health effects on certain children.--As soon 
        as practicable after the date of enactment of this Act, the 
        Administrator, in coordination with the Secretary of Health and 
        Human Services, shall submit to Congress a report that 
        describes the rates of birth defects and childhood diseases 
        (particularly respiratory and immune system diseases) of 
        children that live or attend school within a 20-mile radius of 
        any pulp and paper mill that burns tire-derived fuel.
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