# 11.1

.nited 95tates ~cnatc WASHINGTON, DC 20510

December 15, 2010

The Honorable Lisa P

. Jackson Administrator U .S. Environmental Protection Agency 1200 Pennsylvania Avenue, NW Washington, DC 20460 Dear Administrator Jackson: We are writing to ask for clarification regarding the June 4, 2010 proposed rule by the Environmental Protection Agency (EPA) entitled the "Identification of NonHazardous Secondary Materials That Are Solid Waste." Electric generating facilities in Michigan and Ohio have recently installed new technology to allow

the direct conversion ofwhole tires into gaseous fuel . This technology, also called tire fractionation, importantly removes metals fromthe tires, which are collected for reuse. The reuse oftires reduces the amount ofcoal needed to generate electricity and also reduces emissions such as S02 and NO, . We have enclosed correspondence fromDavid Northrop, Attorney for Symbiotic Energy, Inc. that has developed the tire fractionation technology, which we ask you to consider as you finalize the rule. We also ask ifyou plan to address this technology in your final rule. Thank you.David E. Northrop OfCounsel dnorthrop(Mporterwright .com

PorterWright Morris &Arthur LLP 41 South High Street Suites 2800-3200 Col,umbus, Ohio 43215-8194 Direct: 814-227-2072 Fax: 614-227-2100 Toll free: 800-633-2794 www .porterwrlght .com 

# porterwright

CINCINNATI CLEVELAND COLUMBUS DAYTON NAPLES WASHINGTON, DC December 1, 2010

VIA E-MAIL AND REGULAR MAIL Mr. George Faison ProgramImplementation and Information Division Office of Resource Conservation and Recovery, 5303P United States EPA Ariel Rios Building 1200 Pennsylvania Ave., NW Washington, DC 20460-0002 RE: Rules for the Identification of Non-Hazardous Secondary Materials that are Solid Waste---Tire Fractionation (Symbiotic Energy) Dear Mr. Faison; I represent Symbiotic Energy Inc., which has developed a process for the direct conversion of used tires to gaseous supplemental boiler fuel without combustion. I spoke with you briefly by telephone on November 19, 2010, to express Symbiotic's concern that the preamble to the proposed solid waste identification rules (75 Fed. Reg. 31843, June 4, 2010) does not with sufficient clarity provide that gaseous fuel produced through tire fractionation qualifies as processed material that is not solid waste. I amwriting to further explain that concern, and propose language for your consideration for inclusion in the preamble to the final rule. Tire fractionation is described in detail in Symbiotic Energy's comments on the proposed rule, submitted on August 2, 2010 (copy enclosed) . I have also enclosed a "white paper" describing the process and its many environmental benefits. In short, the process involves the installation of a vertical column on a utility coal-fired boiler. Heated off-gasses from the boiler are directed 'into the bottomof the cylinder while whole used tires are lowered into it near the top of the column. The heat directly converts (vaporizes) the tires into gaseous fuel without combustion. The gas is then directed into the boiler as a supplemental fuel . The gas is both less expensive per Btu and contains fewer contaminants than coal, and serves to displace a significant portion of coal to fuel the boiler. Also, in Ohio, and perhaps elsewhere, the tire fractionation fuel qualifies as a "renewable energy" for purpose of meeting requirements for diversifying the sources of energy for generating electricity. Tire fractionation is a beneficial process in producing a desirable, renewable fuel and providing a means of safe disposal of large quantities of used tires. Tire fractionation is a proven and existing technology. A demonstration fractionation unit was prototyped at Dayton Power & Light's O .H. Hutchings Station in Ohio, and a full-scale unit is nearing completion of installation at a generating plant operated by the Michigan South Central Power Agency. I have enclosed photographs of that installation.Mr. George Faison

December 1, 2010 Page 2 We believe that tire fractionation meets that definition of "processing" in the proposed rules. However, there is no mention in the preamble to the proposed rules of tire fractionation by name or the process of directly converting whole tires to gaseous fuel as meeting the definition of "processing" . The discussion of used tires beginning at 75 Fed. Reg. 31877 discusses mechanical shredding of tires and removal of metal belts as qualifying as "processing", but does not discuss fractionation. Also, the discussion of "syngas" at 75 Fed. Reg. 31878, including references to reactors and gas polishing to remove contaminants, is close, but not quite on point. As noted, tire fractionation fuel needs no polishing prior to introduction into coal-fired boilers, since its contaminant concentrations are lower than coal and easily controlled by the boilers' air contaminant control equipment. Accordingly, we request that the preamble to the final rule make specific reference to tire fractionation or, alternatively, direct conversion of used tires to gaseous boiler fuel, so that utility generation station operators have a clear indication from EPA that tire fractionation fuel meets the definition of processing and is not solid waste. Failure to include such a reference may cause utilities to erroneously conclude that tire fractionation gas is regulated as solid waste, or have sufficient uncertainty on that point to cause themto decline to use this beneficial process to avoid stringent regulation as a solid waste combustion unit. I have enclosed a long and short form of suggested language for your consideration. I would greatly appreciate an opportunity to discuss this with you further, and will call you soon to discuss this. Please contact me ifyou have any questions about this process or if I can provide additional information. Thankyou foryour assistance on this. Yours truly, 

### ezLz ~, David E. Northrop Attorney for Symbiotic Energy, Inc. DEN:clk

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# Symbiotic Energy

August 2, 2010 3508Wilmington Pike Dayton, Ohio 45429-4841 1-937-859-8998 Delivered Via FedEx 859806252614 U .S. EPAWest - Docket 28221T Also delivered electronically: 1301 Constitution Ave., NW http.//www .rcra-docket(cr~epa.gov Washington, DC20460 Comments on: Notice of Proposed Rulemaking - Identification ofNon-Hazardous

SecondaryMaterials That Are Solid Waste - Docket EPA-HQ-RCRA2008-0329 Dear Ms. Jackson, EPAis proposing a definition ofnon-hazardous solid waste that would be used to identify whether non-hazardous secondarymaterials burned as fuels or used as ingredients in combustion units are solid waste. EPAis also proposing that non-hazardous secondary materials that have been discarded, and are therefore solid wastes, maybe rendered products afterthey have been processed (altered chemically or physically) into a fuel or ingredient product. These rules will directly affect Symbiotic Energy, LLC . The enclosure with this letter provides comments and makes suggestions and recommendations on the proposed rules. As instructed in theNotice of Proposed Rule Making, we are submitting twocopies of this letter. Thankyou for the opportunityto comment on these important matters. Ifthere are any questions, please contact: Mr. Robert L. Kohnen, P .E. Vice President Symbiotic Energy, LLC 3508Wilmington Pike Dayton, Ohio 45429 (937) 859-8998x 2 rkohnen@symbiotic-energy .com Sincerely, 

# <I ~- Robert L. Kohnen, P

.E., Vice President Symbiotic Energy, LLC Enclosures: Duplicate copy of this letter

Comments and Recommendations Concerning EPA's Notice ofProposed Rulemaking - Identification ofNon-Hazardous Secondary Materials That Are Solid Waste -Docket EPA-HQ-RCRA-2008-0329Comments and Recommendations Concerning EPA's Notice of Proposed Rulemaking - Identification ofNon-Hazardous Secondary Materials That Are Solid Waste

Docket EPA-HQ-RCRA-2008-0329

Submitted by Symbiotic Energy, LLC 3508Wilmington Pike Dayton, Ohio 45429 Symbiotic Energy, LLCsupports EPA's proposal, described at 75 Fed. Reg . 31849, to facilitate materials management through the establishment ofa regulatory framework that guides thebeneficial use of energy-containing secondarymaterials, while ensuring that such use is protective of human health and the environment. Symbiotic Energy supports EPA's stated policy objectives ofsustainable materials management, resource conservation, and improved industrial efficiency. Symbiotic Energy respectfully recommends that EPA'sJune 4, 2010proposed interpretations ofthe definition of"solid waste" be improved with respect to facilitating the conservation and recovery ofthe fuel value and steel fromtires, as set forth below, to better effectuate the purposes ofRCRA and the Agency's stated intentions and policy preferences. Symbiotic Energy, LLChas pioneered an innovative, proprietarytechnology for fractionation ofmanufactured tires, to recover and beneficially utilize the energy and steel content oftires in lieu ofdiscarding these valuable resources, with the co-benefit of contributing to reductions in greenhouse gas (GHG) and other airpollutant emissions. The process itself has zero emissions, and delivers all of the combustiblevolatiles and fixed carbon content ofthe tires as a gasified fuel to an adjacent host coal-fired boiler. Tire fractionation technology does not involve shredding or burning tires, but rather converts whole tires directly into a clean gaseous fuel while separating steel belts for reuse. Symbiotic Energy's tire fractionation technology substitutes tire-derived Btu's for coal-derived Btu's, and substitutes reclaimed steel for newly-manufactured steel . This resource recovery avoids the energy consumption and negative environmental impacts inherent in extracting and processing coal, and in manufacturing steel . It also avoids the negative environmental impacts ofdumping tires. Symbiotic Energy's tire fractionation technology is currently being used to generate supplemental fuel for coal-fired electric generatingunits. The tire-derived fuel produced fromSymbiotic Energy's tire fractionation process has a heat value ofapproximately 215 Btu per SCF, as fired. This compares favorably with the heat value of blast furnace gas 92 Btu per SCF which EPAproperly recognizes as a legitimate and historical fuel that is not deemed a solid waste (see 75 Fed. Reg . at 31852) . As practiced by Symbiotic Energy, the tire fractionation systembeneficially reuses whole tires without the intermediate steps to remove the scrap steel or size the tire. The tires are volatilized and all ofthe energy value ofthe tires is carried inthe carrier gasto the burning zone ofaboilerwhere it is combusted. There are no process emissions

fromthe fractionation units. The fixedcarbon is suspended in the flue gas and fed back to theboilerwhere it is also combusted for its energy value. The fixed carbon has properties similarto pet coke and it is avaluable solid fuel . The recovered and recycled scrap metal is sold on the open market. Scrap metal is not a hazardous waste. Wastewater is not generated. Amore detailed description of Symbiotic Energy's tire fractionation process is set forth in Attachment A . Symbiotic Energy has made a substantial investment of intellectual and financial capital to make recovery oftire-derived energy and steel profitable. Symbiotic Energy's business model depends onrevenues fromtipping fees associated with processing and managing the tires, the sale of the energy and steel recovered fromtires. Symbiotic Energy incurs costs to obtain delivered tire feed stocks, primarily fromtire dealerships, to its tire fractionation locations. Symbiotic Energy's tire fractionation technology is in no way tire disposal in the guise of recycling (which would inherently involve costs without revenues) . EPAshould define "solidwaste" in a manner that recognizes the full useful life cycle ofthe resources (energy potential and steel) in manufactured tires that have not in fact been discarded or abandoned. EPA's definition of "solidwaste" should encourage more sustainable resource management and innovative technologies that more efficiently recover energy and materials fromtires. The promise ofSymbiotic Energy's tire fractionation technology and similar advanced technologies will be crushed if EPA defines "solid waste" in a manner that has thepractical effect ofdiscouraging innovation and favoring disposal over resource recovery and reuse. Uncertainty about whether energy and steel recovery through fractionation oftires will result in classification of the tires as a waste stream, or delay in finalizing a definitive regulatory interpretation, would be highly prejudicial, and potentially fatal, to the implementation of Symbiotic Energy's tire fractionation technology. Symbiotic Energy continues the useful life cycle of tires before they are discarded or abandoned. The most helpful way EPAshould facilitate beneficial recovery and reuse of the energy and steel contained intires is to interpret "discarded material" inthe RCRA definition of "solid waste" (42 U .S.C. section 6903(27)) to exclude off-spec tires and tires obtained fromtire dealerships orvehicle service facilities for processing at a tire fractionation unit that sells or beneficially uses the fuel value extracted fromsuch tires to provide Btu's in an adjacent boiler predominantly fueled by coal or other traditional fossil fuel, and also sells or beneficially uses the steel recovered from fractionation of such tires. Tires that are fractionated to separate the steel content fromthe usable fuel content, with no combustion ofthe tires themselves, are not "solid waste" if they are not "discarded material ." Symbiotic Energyrespectfully submits that this interpretation of "discarded material" is factually accurate, reasonable, and consistent with RCRA's statutorypurpose, especially the Congressional goals of recovery and conservation of usable materials (see, e.g., 42 U .S.C. section 6901(c)) . Indeed, the name ofthe statute is "Resource Conservation and Recovery," which is exactly what Symbiotic Energy's tire fractionation technology does.The final rules must clearly indicate that whole tires that have been gathered and

transported to a facilitywhich beneficially uses themin energy and/or material recovery processes are not solid waste . EPAshould facilitate beneficial recovery and reuse ofthe energy and steel contained in tires by interpreting "discarded material" in the RCRA definition of "solid waste" (42 U .S.C. section 6903(27)) to exclude tires obtained from tire dealerships or vehicle service facilities that: 1) send the tires to a fractionation unit that delivers the fuel value extracted fromsuchtires to aboiler that is predominantly fueled by coal or othertraditional fossil fuels; and 2) the material/energy recovery facility sells or beneficially uses the steel recovered fromfractionation ofsuch tires. The ability to process and beneficially recover all ofthe fuel and steel value in whole tires is the essence ofthe fractionation process used by Symbiotic Energy, LLC . To the extent that self-implementing legitimacy criteria are needed for Symbiotic Energy's tire fractionation technology, they should be as clear, certain, and reasonable as possible. As an alternative or a supplement to the more straightforward exclusions from the definition of "solid waste" recommended above, Symbiotic Energy suggests the following legitimacy criteria forprocess like tire fractionation that recovers both the energy and steel content oftires:

The energy and material recovery processor manages the used tires as a valuable commodity by maintaining an inventory management systemthat accounts for the value and quantity of materials received, stored, and processed) . The energy and material recovery processor maintains insurance or other financial resources to properly and lawfully manage its inventory of unprocessed tires in the event the energy and material recovery facility ceases operation. " There is contract(s) between the energy/material recovery facility that is receiving the tires for beneficial reuse and the owner(s) ofthe used tires. " There are specifications that establish limitations on the type oftires that can be received at the energy/material recovery facility. " There are documents (e.g., shipping manifest or bill of lading) indicating the quantity of tires being transported fromthe owner ofthe tires to the energy and/or material recovery facility. " There are inspection and characterization procedures with recordkeeping that is capable ofdemonstrating that only "on specification" materials have been received at the energy/material recovery facility. The energy and material recovery processor maintains records demonstrating that the heat content ofthe used tire has been beneficiallyused to reduce the quantity oftraditional fuels and the recovered steel is beneficially used. EPA's conclusion that whole used tires (even ifonly collected fromtire dealerships, automotive shops, and tire manufacturers that are overseen by a state tire collection program) have been abandoned and thus meet themeaning ofdiscard causes an absurd result that in our opinion encourages illegal disposal and is detrimental to a sustainable environment. Using the Agency's stated rationale, onewould differentiate betweenwhole used tires and those that that have been shredded or chipped and had the steel belts removed. The tire fractionation system, as practiced by Symbiotic Energy, beneficially reuses whole tires without the intermediate steps to remove the scrap steel or to resize the tire. The tires are volatilized and all ofthe energy value ofthe tires is carried in the carrier gas to the burning zone of a boiler where it is combusted. There are no process emissions fromthe fractionation units. The fixed carbon is suspended in the flue gas and fed back to the boiler where it is also combusted for its energy value. The fixed carbon has properties similar to pet coke and it is avaluable solid fuel . The recovered and recycled scrap metal is sold on the open market . Scrap metal is not a hazardous waste. Wastewater is not generated. Symbiotic Energybelieves that used tires that have been received by an energy/material recovery facility that satisfies the legitimacy criteria are not solid waste and the combustionunits that use tire-derived fuels should not be subject to the CleanAir Act Section 129Commercial Solid Waste Incineratorrules. EPArequested comment on whetherthe term"reasonable time" should be defined specifically or within arange oftime frames with respect to how long nonhazardous materials may be stored before speculative accumulation occurs and that the material is no longer being managed as a valuable commodity. Symbiotic Energy believes that atime frame should be established. We recommend that no more than 180 days of inventoryusing the design process rate be stored at any given time and no more than 49 percent ofthe inventory be in storage for more than 2 years. These time frames allow the energy/material recovery facility a reasonable amount of time to establish, buy, and sell arrangements. In regard to EPA's request for comments on the list ofcontaminants that would be used for fuel comparisons. Symbiotic Energy believes that routine testing using the Appendix Viii listing is impracticable and unnecessary . Appendix Viii lists over 350 distinct elements and chemical compounds, most ofwhich are not present in tires or any othermaterial . The number ofanalytical methods and the sophistication ofthe laboratory required to perform

these analyses is beyond that which canbe placed at atypical energy/material reclamation facility. We believe that the reasonable application of testing data frompublished literature should be sufficient. Ifcontaminant testing is required; it should be limited to those chemicals that are known to be or reasonably suspected of being present in boththe used tire and the comparable natural fuel .EPAalso requests comments on whether it would be more appropriate to

establish, in lieu ofspecific contaminant levels that non-hazardous secondary materials would have to meet, bright-line levels ofvarious contaminants in traditional fuels or a single set ofcontaminant levels that would apply regardless ofthe type oftraditional fuel that is burned. Symbiotic Energybelieves that the characteristics ofthe fuel, combustion systemprocess controls and the performance efficiency ofthe airpollution control equipment determine the emission profile. The acceptable emission limits are accomplished via airpermitting for the combustion source and not solely by the fuel characteristics. Symbiotic Energy recommends that the Agency establish reasonable bright-line levels ofthe chemicals ofconcern regardless ofthe type oftraditional fuel being burned. EPArequested comments on whetherthe Agency should quantitatively define how much ofthe non-hazardous material must be consumed or processed to provide a useful contribution. The market place will determine ifan alternative energy (fuel) or material (ingredient) is useful . It is hard to imagine that EPAcould establish a percentage that is reasonable, defensible, and credible for the broad spectrumofmaterials that are being reclaimed and reused. The definition of processing provided in the notice is not sufficiently clear to expect consistent self implementation. The definition indicates that operations that only modify the size ofthe material by shredding is not adequate processing, but it goes on to say that processing that includes sizing or drying in combinationwith other operations is sufficient processing to change a secondary material fromthat of being a solid waste to that ofbeing a product. The rule does not explain the difference between shredding and sizing, nordoes it define or illustrate what other operations are or might be. Additionally, the definition includes the terms "significantly improves the fuel characteristics" and "chemicallyimproves the as fired energy content" and "improves the ingredient characteristics" without providing metrics that can be used tobenchmark and quantify these qualitative terms. Symbiotic Energy suggests that the Agency use the legitimacy criteria referenced above as the only criteria for determining whether a used tire is a solid waste or not. The termprocessing should not require the removal ofmetal belts or wire as a condition of the tire beingbeneficially used as a non-solid-waste fuel or ingredient . Used tires that have been transported to an energy/material recovery facility that meets the legitimacy criteria are indistinguishable fromused tires that were not discarded, abandoned, or otherwise disposed. The legitimacy criteria described above will ensure that the used tires are properly managed and not abandoned again.Appendix A The following is a briefdescription ofSymbiotic Energy's Tire Fractionation System . Tire fractionation is an innovative technology that does not involve shredding or burning tires, and it has many environmental benefits. Tire fractionation technology converts tires directly into a clean gaseous high-Btu fuel, and it also recovers the highquality steel belts for reuse . Tire-derived clean gas fuel is as renewable and sustainable as the tire replacement cycle . Tire fractionation is a closed-loop systemthat generates zero emissions. All ofthe tire components are recovered either as a gaseous fuel or as recycled steel . The process involves the controlled exposure oftires to heat that converts the non-metallic portion of the tires to combustible gas containing fixed carbon particles. As an energy source, tires have a good potential compared to some other fuel sources. The most important thing to note is that tires have a higher heating fuel value of approximately 12,000 to 16,000 Btuper pound oftire as compared to 12,000 Btu per pound ofcoal andjust 5,000 Btu perpound ofwood. The steel content ofa tire is approximately 15 %

by weight . Hence, for a systemprocessing 4,000,000tires per year, approximately 6000tons ofsteel is recovered and recycled by the iron and steel industry. The technology is presentlybeing used to generate supplemental fuel for coalfiredboilers at electric generation stations. Fractionated tire fuel also helps in reducing air contaminant emissions. When used as a supplemental fuel in a coal-fired boiler, fractionated tire fuel displaces a portion ofthe coal that otherwise would have been burned in the boiler. Fractionated tire fuel creates significantly lowerpollutant emission profiles, when compared to coal . The lower emissionprofile, including carbon dioxide, sulfur dioxide, nitrogen oxides, and particulate matter, overall pollutant emissions from the boiler are reduced

. Another advantage is that the reduced volume ofcoal burned in a boiler using fractionated tire fuel also reduces the amount ofcoal ash that must be managed in ash lagoons or disposed of in ash landfills, thereby extending the useful life of those facilities, requiring fewer new lagoons and landfills to be created, and reducing the hazard ofcoal ash spills. Whole scrap tires are delivered to the site by truck, rail, or barge depending on the availability and economics ofthe transportation network . The shipment is weighed, sorted, and inspected upon arrival . Arriving tires are stored in enclosed trailers or buildings. The tires are removed from storage and fed to the inclined conveyor at a feed rate of 600tires per hour or approximately 12,000 pounds per hour. The fractionation column is avertical cylindrical tower that is approximately 120feet tall, and as depicted in Figure 1 the column is installed adjacent to the boiler. Aslip streamof hot (750to 850 °F) boiler flue gas is directed to the base ofthe column as it rises through the column. As depicted in Figure 2, wholetires are suspended on avertical conveyer systemand loweredthrough the column. The hot boiler gas streamflow is countercurrent to the descending tires within the enclosed tower. The column operates at sub-stoichiometricoxygen levels, causing the tires to distill offthe volatiles or gasify rather than burn. By

the time a tire reaches the base ofthe column, the heat has converted the non-metallic portion of the tire to a volatile gas and fine carbon particles that are high in Btu content. The gas is capable ofself-sustained fire and has a Btu value of approximately 215Btu per cubic foot ofgas. The metallic belts in the tire are not combusted or converted to gas, but rather accumulate at the bottomofthe column where they are later removed for recycling.y

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Figure 2 . Tire Fractionation ColumnSymbiotic Energy



## Fractionated Tire Fuel : Renewable Ener yPlus Resource Reuse Tire Fractionation Converts Whole Tires To Clean Fuel Without Burning TheTires. Tires are a fixture in our transportation infrastructure that have a predictable and reliable wear and replacement cycle. Alarge number oftires are replaced each year (on average, one per person in the U

.S.), and that is likely to remain so for the foreseeable future. Absent proper management, used tires can create significant environmental, health, and safety problems. However, used tires can be reclaimed in the formofvaluable energy and reusable steel in a sustainable and very competitive economic model . Combustion oftires to recover energy has been met with wide-spread opposition due to air pollution concerns, and fails to fully reuse tire resources. Tire fractionation is an innovative technology that does not involve shredding or burning tires and that has many environmental benefits. Tire fractionation technology converts tires directly into a clean gas fuel, and also recovers the high-quality steel belts for reuse. Tire-derived clean gas fuel is as renewable and sustainable as the tire replacement cycle . What Is Tire Fractionation Technology? Tire fractionation is a closed loop systemthat generates zero emissions. No combustion occurs in the process. All of the tire components are recovered either as a clean fuel or as recycled steel . The process involves the controlled exposure oftires to heat that converts the non-metallic portion of the tires to gaseous fuel and carbon particles. The technology is presently being usedto generate supplemental fuel for coal-fired boilers at electric generation stations. As depicted in the attached conceptual diagram, a vertical column is installed adjacent to the boiler. Aslip ofsurplus reheat cycle steamfromthe boiler is directed to the base of the column and rises through the column. Whole tires are suspended on a vertical conveyer system and lowered throughthe column. By the time a tire reaches the base of the column, the heat has converted all ofthe non-metallic portion ofthe tire to a gas and fine carbon particles. The gas has a sufficient energy value to serve as a fuel, and is conveyed to the boiler for combustion. The metallic belts in the tire are not combusted or converted to gas, but rather accumulate at the bottomofthe column and are later removed for recycling.

Tire Fractionation Has Many Environmental Benefits Management of tires as waste creates many environmental problems. Tires stored or discarded on the surface ofthe ground are ugly, do not decompose, and present the hazards of uncontrolled fires and the breeding of mosquitoes. Disposal oftires in landfills is little better, consumingvaluable landfill capacity that is better devoted to putrescible waste that is not suitable for energy-recovery or recycling. By removing tires from waste streams, these serious environmental consequences are avoided.Fractionation also avoids the problems presented by burning tires for disposal or energy

recovery. When burned, tires produce undesirable emissions that are difficult to control with current air pollution control technology. As a result, tire-burning incinerators and use of shredded tires as boiler fuel have met with significant public opposition. Fractionation, by converting the tires directly to a gas without burning the tires, avoids these significant problems, and produces zero emissions. Fractionation also allows for recovery and reuse of the high-quality steel used in the steel belts, thus reducing the economic demand for the mining of iron ore and production of new steel, with attendant adverse environmental impacts. Fractionated tire fuel also helps in reducing air contaminant emissions. When used as a supplemental fuel in a coal-fired boiler, fractionated tire fuel displaces a portion of the coal that otherwise would have been burned in the boiler. Because fractionated tire fuel creates significantly lower pollutant emissions per Btu than coal, including carbon dioxide, sulfur dioxide, nitrogen oxides, and particulate matter, overall pollutant emissions fromthe boiler are reduced. The reduced volume ofcoal burned in a boiler using fractionated tire fuel also reduces the amount ofcoal ash that must be managed in ash lagoons or disposed of in ash landfills, thereby extending the useful life of those facilities, requiring fewer new lagoons and landfills to be created, and reducing the hazard ofcoal ash spills.

Fractionated Tire Fuel Is A Renewable FormOf Energy That Is An Alternative To The Burning Of Fossil Fuels The national commitment to developing renewable alternatives to the nation's dependence upon fossil fossils is growing and evolving. Congress has enacted a series of financial incentives for the development of renewable energy technologies in the Energy Policy Act of 2005 and the American Recovery and Reinvestment Act of 2009. The "American Clean Energy and Security Act" (the Waxman-Markey bill), passed by the House in June 2009, and the "Clean Energy, Jobs, andAmerican Power Act" (the Kerry-Boxer bill) introduced in the Senate in September 2009, would, among otherthings, create the first-ever national renewable energy mandates for retail electric suppliers. Twenty-four states have mandatory renewable portfolio requirements in effect. The definition ofwhat qualifies as "renewable energy" varies fromstate to state and among existing and proposed federal programs. As legislators consider new or revised definitions of renewable energy, care should be taken to avoid an unduly narrow definition of renewable energy so as not to stifle the development of a diverse menu ofcompetitive and innovative renewable energy technologies. The public interest and good public policy are best served by a diversity ofsustainable green energy technology options. Diversification enables market forces to stimulate dynamic improvement in the cost and quality of renewable energy technologies. Renewable energy diversification will also bring about new technologies sooner, and will encourage a mix oftechnologies tailored to specific needs and circumstances. Fractionated tire fuel is a an excellent example ofthe type ofenergy that should qualify to meet mandates for the development and use ofrenewable alternative energy. As an example,Ohio has recently adopted legislation that expressly includes fractionated tire fuel in its

definition ofrenewable energy that electric utilities may use to meet the alternative energy portfolio requirements. Renewable energy is defined at Section 4928.01(A)(35) ofthe Ohio Revised Code to include "fuel derived from solid wastes, as defined in section 3734.01 ofthe Revised Code [that includes scrap tires], through fractionation . . . or other process that does not principally involve combustion . . . . .. Language defining renewable or alternative energy that includes fractionated tire fuel should be included in legislation at the federal level and in other states, given the sustainability and environmental benefits of the fuel Conclusion Fractionated tire fuel has many advantages as a supplemental boiler fuel . It is an excellent use ofa waste product that otherwise presents many environmental problems, and can result in reduced emissions fromutility boilers. It is an source ofenergy that is cleanerthan coal and does not involve combustion offossil fuels, thereby contributing to energy diversity and reduced emission of greenhouse gases.