II 109th CONGRESS 1st Session S. 2011 IN THE SENATE OF THE UNITED STATES November 15, 2005 Mr. Jeffords (for himself and Mr. Leahy) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 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.

1.

Short title

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

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.