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 has 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 Vermont. 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 run 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 carried 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 indeed 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 judiciary. 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 schools 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 would be looking for statistical 

evidence of adverse health effects, a measure which was insufficient to respond to the 
unfolding 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 undoubtedly 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 mercury, 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 recording; 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 any 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 and 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 responsibility 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 analysis, 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 jurisdiction 
of regulators who were basing their decisions on outdated science in permitting a 

dangerous activity by a private corporation. Second, definitions count: 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. We 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