II 

109TH CONGRESS 

1ST SESSION S. 2011 

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. 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Tire-Derived Fuel 

5 Safety Act of 2005’’. 

6 SEC. 2. COMBUSTION OF TIRE-DERIVED FUEL. 

7 (a) DEFINITIONS.—In this section: 
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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency. 

4 (2) ELIGIBLE MILL.—The term ‘‘eligible mill’’ 

5 means any pulp or paper mill (SIC code 2611 or 

6 2621) that burns or proposes to burn tire-derived 

7 fuel. 

8 (3) EMISSION.—The term ‘‘emission’’ means an 

9 emission into the air of— 

10 (A) a criteria pollutant, including a fine 

11 particulate; or 

12 (B) a hazardous air pollutant. 

13 (4) TIRE-DERIVED FUEL.—The term ‘‘tire-de14 rived fuel’’ means fuel derived from whole or shred15 ded tires, including in combination with another 

16 fuel. 

17 (b) REQUIREMENTS FOR APPROVAL.— 

18 (1) IN GENERAL.—Except as provided in para19 graph (2), notwithstanding any other provision of 

20 law, the Administrator shall not issue a permit 

21 under the Clean Air Act (42 U.S.C. 7401 et seq.), 

22 and shall object to the issuance of a permit under 

23 section 505(b) of that Act (42 U.S.C. 7661d(b)), au24 thorizing the burning of tire-derived fuel at an eligi25 ble mill that is a major stationary source (as defined 
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1 in section 111(a) of that Act (42 U.S.C. 7411(a))) 

2 unless— 

3 (A) the Administrator has listed the source 

4 as part of a source category for which a per5 formance standard has been established under 

6 subsection (c); and 

7 (B) the source demonstrates to the satis8 faction of the Administrator that the source— 

9 (i) will install any control equipment 

10 required or make the necessary process 

11 changes before the date on which the 

12 source begins operation; and 

13 (ii) will operate at or below the re14 quired emissions performance standards as 

15 demonstrated by data from a continuous 

16 emissions monitoring device. 

17 (2) INTERIM PERMITS.—Notwithstanding para18 graph (1), the Administrator may approve an in19 terim permit (including a trial permit) to burn tire20 derived fuel at a new eligible mill, or an eligible mill 

21 in existence on the date of enactment of this Act, 

22 that is a major stationary source (as defined in sec23 tion 111(a) of the Clean Air Act (42 U.S.C. 

24 7411(a))) that demonstrates to the satisfaction of 

25 the Administrator that the source— 
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1 (A) will install— 

2 (i) an electrostatic precipitator; 

3 (ii) a Kevlar baghouse; or 

4 (iii) any other technology that 

5 achieves a reduction in emissions that is 

6 equivalent to the reduction achieved using 

7 an electrostatic precipitator or a Kevlar 

8 baghouse; and 

9 (B) will operate at or below the required 

10 emissions performance standards as dem11 onstrated by data from a continuous emissions 

12 monitoring device. 

13 (c) STANDARDS FOR CERTAIN PULP AND PAPER

14 MILLS.— 

15 (1) ESTABLISHMENT.— 

16 (A) IN GENERAL.—Not later than 18 

17 months after the date of enactment of this Act, 

18 the Administrator shall establish performance 

19 standards for fine particulates for— 

20 (i) new eligible mills; and 

21 (ii) eligible mills in existence on the 

22 date on which the standards are proposed. 

23 (B) REQUIREMENTS.—In establishing 

24 standards under subparagraph (A), the Admin25 istrator shall— 
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1 (i) ensure that the standards would 

2 result in reductions in emission levels that 

3 are at least equal to reductions achieved 

4 through the use of an electrostatic precipi5 tator or Kevlar baghouse; and 

6 (ii) require pulp and paper mills that 

7 are in operation as of the date on which 

8 the standards are proposed, but that are 

9 not in compliance with those standards, to 

10 come into compliance with the standards 

11 by not later than 18 months after the ef12 fective date of the standards. 

13 (2) STUDY AND REPORT ON GENERAL HEALTH

14 EFFECTS.—Not later than 1 year after the date of 

15 enactment of this Act, the Administrator shall con16 duct a study, and submit to Congress a report, on 

17 the impact on human health of increased emissions, 

18 especially fine particulates, from the use of tire-de19 rived fuel. 

20 (3) REPORT ON HEALTH EFFECTS ON CERTAIN

21 CHILDREN.—As soon as practicable after the date of 

22 enactment of this Act, the Administrator, in coordi23 nation with the Secretary of Health and Human 

24 Services, shall submit to Congress a report that de25 scribes the rates of birth defects and childhood dis-
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1 eases (particularly respiratory and immune system 

2 diseases) of children that live or attend school within 

3 a 20-mile radius of any pulp and paper mill that 

4 burns tire-derived fuel. 

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