I 
109TH CONGRESS 
1ST SESSION H. R. 4333 
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 HOUSE OF REPRESENTATIVES 
NOVEMBER 15, 2005 
Mr. SANDERS introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To require the Administrator of the Environmental Protec-
tion Agency to establish performance standards for fine 
particulates for certain pulp and paper mills, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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 ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental 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-de-
rived fuel’’ means fuel derived from whole or shred-
ded tires, including in combination with another 
fuel. 
(b) REQUIREMENTS FOR APPROVAL.— 
(1) IN GENERAL.—Except as provided in para-
graph (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)), au-
thorizing the burning of tire-derived fuel at an eligi-
ble 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 per-
formance standard has been established under 
subsection (c); and 
(B) the source demonstrates to the satis-
faction 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 re-
quired emissions performance standards as 
demonstrated by data from a continuous 
emissions monitoring device. 
(2) INTERIM PERMITS.—Notwithstanding para-
graph (1), the Administrator may approve an in-
terim 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 sec-
tion 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 dem-
onstrated 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 Admin-
istrator 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 precipi-
tator 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 ef-
fective 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 con-
duct 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-de-
rived fuel. 
(3) REPORT ON HEALTH EFFECTS ON CERTAIN 
CHILDREN.—As soon as practicable after the date of 
enactment of this Act, the Administrator, in coordi-
nation with the Secretary of Health and Human 
Services, shall submit to Congress a report that de-
scribes the rates of birth defects and childhood dis-
eases (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. 
Æ