Tim Duggan

September 12, 2006

After a recent decision by the New York Supreme Court, International Paper, a transnational paper product, packaging, and forest product corporation, is one step closer to utilizing a new source of fuel—shredded tires—for the power boiler at its Ticonderoga Mill facility. The company first submitted a request to use tire-derived fuel (TDF) to the New York Department of Environmental Conservation (NYDEC) in September 2003. It proposed a two-week "test burn" in which it would burn a mix of its current fuel (number six fuel oil and bark/wood) and TDF in order to perform research on emissions levels associated with TDF.

Since 2003, activist groups and the State of Vermont have opposed the tire burn. Because the mill facility is located within a mile of the New York/Vermont border, opponents of the tire burn claim that it would cause dangerous emissions levels that would primarily harm residents of Vermont. Specifically, opponents of the tire burn argue that International Paper should install an electrostatic precipitator in order to limit fine particulate matter emissions that will increase with the use of TDF. Opposition to International Paper's plans includes challenges to the modification of its Clean Air Act Title V operating permit and challenges to the NYDEC's classification of the test burn as a Type II action under the New York State Environmental Quality Act (SEQRA), which exempts the plan from comprehensive environmental review.

On August 10, 2006, Judge Teresi denied Vermont's SEQRA challenge. While the court did find that Vermont had standing to appeal the NYDEC decision under SEQRA, it found no error in the NYDEC's classification of the project as a Type II action requiring no comprehensive environmental review. Vermont Governor Douglas vowed to continue fighting to prevent the burn, stating "IP isn't conducting research; they're proposing to burn tires without the appropriate pollution control devices in place." Douglas continued, "I remain prepared to exhaust all available legal avenues to prevent this potentially toxic tire burn."

For more information, please see the following websites:

http://www.internationalpaper.com/Our Company/About Us/index.html

http://www.anr.state.vt.us/air/htm/iptireburn.htm

http://www.lesspollution.org/vt_suit.html

http://www.vpirg.org/campaigns/environmentalHealth/iptirefacts.php

http://www.burlingtonfreepress.com/apps/pbcs.dll/article?AID=/20060811/NEWS01/608110314/1009&theme=