[Congressional Record Volume 151, Number 151 (Tuesday, November 15, 2005)]
[Senate]
[Pages S12849-S12850]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. JEFFORDS (for himself and Mr. Leahy):
  S. 2011. 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; 
to the Committee on Environment and Public Works.
  Mr. JEFFORDS. Mr. President, today I am introducing the Tire Derived 
Fuel Safety Act of 2005 to ensure that Americans living near pulp and 
paper mills that burn tires for energy are protected from the potential 
harmful effects of air pollutants such as fine particulates.
  As the price of oil and natural gas continues to rise, U.S. 
manufacturing facilities are seeking alternative energy sources. Pulp 
and paper mills, in particular, are replacing these high cost energy 
sources with lower cost tire derived fuels or TDF due to its high-
energy value.
  The burning of tires results in the emissions of particulates, carbon 
monoxide, sulfur oxides, nitrogen oxides, volatile organic compounds, 
PCBs, arsenic, cadmium, nickel, zinc, mercury, chromium and vanadium. 
These air pollutants can have serious health impacts on the people 
living downwind of facilities when effective emissions control 
technologies are not used.
  Luckily, most U.S. pulp and paper mills that burn TDF have already 
installed electrostatic precipitators or fabric filters to control for 
fine particulate emissions. And, in fact, EPA's 1997 ``Air Emissions 
From Scrap Tire Combustion'' report states that it is not likely that a 
solid fuel combustor without add-on particulate controls--such as an 
ESP or fabric filter--could satisfy air emissions regulatory 
requirements in the United States.
  Yet, that hasn't stopped International Paper from proposing to burn 
72 tons a day of tires at its Ticonderoga, NY mill without the addition 
of commonly accepted emissions control technologies. Doing so 
jeopardizes the health of Vermonters and New Yorkers alike.
  My bill requires EPA to issue performance standards for fine 
particulates for pulp and paper mills that switch to tire-derived fuels 
to ensure that all communities across United States are equally and 
fairly protected.
  My bill also requires EPA to study and report to Congress on the 
health impacts of increased emissions, particularly fine particulates, 
from the use of TDF. It also requires EPA to work with Health and Human 
Services to document the rates of childhood diseases--particularly 
respiratory diseases--of children that live or attend school within a 
20-mile radius of a pulp and paper mill burning TDF.
  I invite my colleagues to join me in my efforts to ensure that all 
Americans are equally protected from the harmful effects of the burning 
of tire-derived fuel without adequate air pollution controls. I ask 
unanimous consent that the text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2011

       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

[[Page S12850]]

       (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.
                                 ______