International Paper Co. Tire Derived Fuel Trial 2006 Ticonderoga, NY: Regulatory

Failure Leads to Public Danger, A Case in Point.

The following is a summary of the events surrounding the International Paper Co., Ticonderoga, NY Mill's 2006 Tire Derived Fuel (TDF) Trial. The summary is prepared by Thomas Vanacore of Bridport, Vermont and represents this viewer's

observations based on documentation assembled from public records released by VT Agency of Natural Resources Air Quality Division via FOIA request and includes published data resulting from the ambient air monitoring stations set up in Shoreham, VT to collect air samples before, during and after the test period. This viewer was also close to citizen environmental organizations opposed to the test and collected correspondences and documentation of these efforts both in the media, citizen action

and in the courts. Documentation h as been submitted to the EPA under separate cover.

International Paper Co Ticonderoga Mill is situated on Lake Champlain and processes pulp wood from timber stands located in New York and Vermont. The Ti Mill employs over 600 people from both NY and Verm ont. The surrounding country is largely economically disadvantaged, rural poor and agricultural. The paper mill operates a 1970's era boiler which uses a mix of fuel oil and wood chips for fuel. Circa 2003 IP applied to NYDEC for a permit modification to r un a short duration trial of tire derived waste as a fuel additive. The 'test burn' as it was known was to last up to 21 days with a target of 3 tons/hour of tire derived waste utilized as fuel added to wood chip and fuel

oil.. The State of Vermont took an official stand against the test arguing unsuccessfully in permit proceedings and in the courts that the test represented a potential health hazard to downwind residents. Since the prevailing winds are out of the west, effluent

from the test would be carri ed over into Vermont across the Lake. The State of Vermont through its attorney general's office argued that IP did not have sufficient pollution controls in place, specifically no electrostatic precipitator. IP stated they needed to run

the test to see if an ESP was needed. This circular argument between the official parties went on without interruption for three years until the permit modification was granted by NYDEC and in November 2006 the actual test began.

The available science indicated that indee d there was a significant risk of increased levels of fine particulate soot and ash containing toxic zinc oxide, dioxins as well as gaseous mercury, furans, nitric oxide, and sulpher compounds, CO, CO2 etc. However, during this period of the time the Bush Administration seemed to be ignoring the advise of scientific advisors who were recommending more stringent standards for fine particulate emissions. Furthermore, Federal regulations removed gaseous mercury from any discussion in the context of the judicia ry. IP's permit modification was granted with assurances that any emissions exceeding existing legal limits would bring about a curtailment of the test. Few in Vermont were convinced of their safety. VT Dept. of

Health issued health advisories to local sch ools suggesting that the old, the young, pregnant and immune compromised were at potential risk from exposure to airborne toxins but gave no specific advise nor did they take any preventative measures. Surveillance of local medical centers and hospitals wo uld be looking for statistical evidence of adverse health effects, a measure which was insufficient to respond to theunfolding emergency. In some respects the general public were being subjected to

economic exploitation by a private corporation because of a lack of regulatory oversight.

State and Federal regulatory failures culminated in the permitting of inherently dangerous conduct by a for profit corporation. Had this action been carried out by an individual the full weight of the law would have un doubtedly been brought to bear. Burning tires in an uncontrolled open manner is against many current rules, yet by defining the tire as fuel rather than waste, IP was allowed to do what should never have been done. Had NYDEC and VT ANR observers been doing their job, or had they been qualified to object to lack of protocol within the test procedure, or if the Vermont Governor had exercised police powers to protect its citizens, perhaps the test would have lasted a few hours rather than 7 days. But none of that happened. Ultimately IP abandoned the test when it became clear to them that they could not control the emissions at any feed rate. At 1.5 tons per hour their stack test indicated over limit particulate levels. No testing of particle fines, gaseous me rcury, dioxins or any other toxic compound associated with combustion of waste tires. International Paper may have also have heard what the VT Dept. of Health, the VT Governor's Hotline, local media outlets and local Environmental Citizens groups were re cording; reports of significant adverse health effects consistent with those predicted from exposure to toxic levels of fine particulates containing zinc as well as gaseous mercury. Asthmatic conditions, acute respiratory failure in pediatric patients, so

- called "reactive airway", labored breathing etc. Local ER doctors and pediatric medical centers in Addison County VT were reporting significant increase in patients presenting with these respiratory disorders coinciding with reports of the smell of burning rubber as far away as 20 miles from the Ti Mill. Indeed, meteorologic data and conditions were consistent with eyewitness reports of low and ground level plume; low cloud cover, cooling effect of the open water westerly winds. No regulatory authority at a ny level responded to reports

of adverse health effects.

The Lee Family of Shoreham, VT brought suit against International Paper in November 2009 in Addison County Superior Court alleging gross, if not willful negligence on the part of IP, its executives and plant managers for endangering the lives of mother and children. The claim is framed as a personal injury suit and uses data from the VT ANR ambient air monitoring stations positioned in Shoreham as evidence of proximate cause of respiratory duress an d lasting neurological damage resulting from toxic exposure to effluent issuing from the IP power boiler stack during the TDF trial. IP denies any wrong doing and is litigating the claim. The suit raises legitimate issues not only about corporate responsib ility to uphold high standards of conduct, but also the rightful role of the regulatory process to ensure current science is brought to bear. Finally, local health and public safety must be protected in the event of regulatory failure. In the final analysi s, the VT State executive branch failed to protect its citizens by remaining inactive in the face of confirmed reports of adverse health effects consistent with those predicted in years of testimony.

Some things can be learned from this well documented case: First, poor regulatory framework is dangerous. The courts consistently deferred to the jurisdictionof regulators who were basing their decisions on outdated science in permitting a

dangerous activity by a private corporation. Second, definitions cou nt: IP was allowed to burn waste tires in an old power boiler by calling tire waste fuel. Their power boiler was ancient, poorly adapted to the combustion of tire waste and lacking an industry standard pollution recovery system. Third, the burden of proof was borne by the wrong party in the permitting process; IP should have been held responsible for providing proof that the proposed permit modification and resulting activity would pose no threat to public health and safety rather than shifting the burden to citizens to mount an expensive and stressful campaign to prove the dangers before the test began. Forth; regulatory oversight did not include protocol for emergency response in the event of adverse health effects from this open air test. Rather the rural poor and disadvantaged were left to their own resources living downwind. To this day, no regulatory agency or government entity has stepped forward to give assistance to the harmed individuals nor has any agency prosecuted IP for their reckless and dangerous conduct. Seeking redress in the courts is no substitute for good regulatory oversight and a coherent public health and safety policy with regard to use of industrial waste as fuel. W e should do better in safeguarding the public and the environment from the combustion of industrial waste in unregulated kilns and boilers.

Thomas Vanacore Bridport, VT Feb. 25, 2010