Citizens Air Watch * Cupertino, CA * 408 973 1085
Board Members, CIWMB
8800 Cal Center Drive
Sacramento, CA 95826
Re: Two Year Revision of Five Year California Waste
Tire Program: Revisions
Dear Board Members:
West Valley Citizen's Air Watch (WVCAW) is a citizen
group organized to monitor air quality issues and promote true
recycling of used tires. We have conducted extensive research into the
area of pollution emissions from burning tires for fuel in cement
kilns, and into the true recycling options and solutions for
Members of WVCAW are unable to attend the workshop on
Friday, March 7, 2003, at the CIWMB; therefore, we are sending you
written input for your consideration and for the record.
We are hopeful that the Board members, and in
particular the members of the Special Waste Committee, will take a
fresh look at this issue, not be unduly influenced by outdated
approaches, and will follow and implement California recycling
Any promotion of, direct or indirect subsidy of,
or acceptance of burning tires for fuel by the CIWMB is taking a step
backwards. The State of California and the CIWMB should be
leading the nation in promoting and supporting source
reduction and true recycling of used tires.
Burning is NOT recycling.
We ask that the 5 Year Tire Plan and the
proposed 2 Year Revision of the 5 Tire Plan both be revised and
brought into compliance with California law as follows:
* PRC 40180 which defines recycling
concludes with, "'Recycling' does not include transformation,
as defined in Section 40201." (bold added)
* The direction provided by and goal
of SB 876 is to recycle tires. SB 876 cites PRC 42889, "Funding for
the waste tire program shall be appropriated to the board in the
annual Budget Act...for the following purposes: (g) To assist in
developing markets and new technologies for used tires and waste
tires. The board's expenditure of funds for purposes of this
subdivision shall reflect the priorities for waste management
practices specified in subdivision (a) of PRC Section 40051."
* PRC 40051 is a priority hierarchy. At
the top and first is Source Reduction; secondly, and in the middle, is
Recycling (see PRC 40180); and finally, and at the bottom, is both
Transformation (see PRC 40180) and Land filling. Transformation
represents a failure of the State of California and the CIWMB to
implement the goals, intents, and requirements of California laws.
The 5 year plan's objectives and the proposed 2 year
revision should be revised to reflect and comply with the laws cited
above, otherwise the 5 year and the 2 year plan fail to comply with
the spirit, goals, and provisions of these laws. Tire fund
expenditures should not be used for either direct or indirect
subsidies for tire burning for fuel, whether characterized as "TDF
(Tire Derived Fuel)", "transformation," "energy recovery" or
other such terms or euphemisms for burning tires. Burning tires for
fuel is NOT a, "productive end use."
* SOURCE REDUCTION: The CIWMB has done
*nothing* to enhance or promote source reduction. The CIWMB is
required by PRC 40051 to do so as the top of the hierarchy. We propose
that all new cars sold in California be required to contain tires
rated to last 100,000 - 140,000 miles. This will go a long way to
reduce the waste stream of tires.
* RECYCLING (PRC 40180):
Burning tires for fuel is not recycling.
(1) It is a waste of a valuable resource, the
synthetic rubber material can be put to a myriad of uses, we mention
only one here:
* RAC: Rubberized Asphalt
Concrete (RAC) can use most or even all of the 30 million used tires
generated each year in California. RAC is being used successfully in
California and other states (e.g. State Highway 880, one of the
heaviest use highways in CA, on the east side of San Francisco Bay is
being paved with RAC. It has been successfully used in AZ for around
20 on some roads). It takes 1/2 the material, lasts two, three, four
or more times as long as conventional pavement, requires significantly
less maintenance, is quieter -- anywhere from 5 to 60 % quieter --
saves the communities money over the long run and to top it off, the
tires of the vehicles that drive on it last longer. Using the Green
Book formula, the success rate has been
POLLUTION and HEALTH COSTS
* Burning tires for fuel is a cheap form
of fuel for industry and an expensive health cost to the citizens
living in communities with cement kilns.
* In the Hanson (formerly Kaiser) Cement test
burn analysis (touted as one the best conducted test burns) comparing
coal burning to coal burning plus 10% tire chips, the following
emissions, among others, went up: benzene by 12%,
dioxins by 30% (one of the most powerful toxins/hormone disrupters
known), hexavalent chromium by 837% (this is the Erin Brokovich
pollutant), small particulates by 14% (a leading cause of asthma in
children which is on the increase as it is), Mercury by 15%, and
even NOx (a reduction of which was touted as a "benefit" of tire
burning) went up by 6%.
* "The chemical soup of air
emissions from cement kilns burning tires can not be judged to be safe
until we know more about the mix of carcinogens, mutagens, teratogens,
and endocrine disrupters, because who wants to have their babies and
families be tested as guinea pigs." [Dr. Neil Carman]
* We also refer you to the many reports and
letters we and others have sent detailing the increased carcinogenic,
mutagenic and teratogenic consequences of adding tire chips to the
fuel mixture in cement kilns. See especially the letter from Dr. Neil
Carman, certainly one of the foremost authorities on tire burning and
* Coal burning as fuel for cement kilns is
dirty, adding tire chips to the coal is even dirtier. (Many, perhaps
most, of the cement kilns in California used to burn natural gas as
* WVCAW, Citizens for a Better Environment ,
Silicon Valley Toxics Coalition and other groups have reviewed the
emission data from the test burns comparing burning coal to burning
coal with tire chips. The results are that a toxic soup of additional
hazardous emissions from these plants are being put into the air we
breathe. Help us to stop this from continuing.
* We recommend and concur with a
rebate or bounty and amnesty days for turning in used tires and tire
piles which could go a long way towards eliminating illegal disposal
of tires. Rewarding turning in of tires will be cheaper in the long
run than trying to track down and fine tire dumpers.
* Tires are required by California law
to be chipped into pieces. Only illegal tire piles store or bury whole
tires which lead to issues of mosquitoes, etc.
* The CIWMB now has a huge tire fund. We recommend use
of some of these moneys to clean up legacy tire piles.
This is far cheaper to the state than a tire pile fire clean-up and
* Under the "Objectives," of the Five Year Tire Management
Plan, section 1. and 2. propose to bring all permitted and known
illegal sites into compliance by 2006. This length of time considering
the amount of money the CIWMB Tire Fund has, and the priorities it
should have, is completely inappropriate, inexplicable, and
unacceptable. We recommend complete compliance by the minimum date of
January 31, 2004.
* Under the 5 Year plan's section, "State
Enforcement:, 1. Enhanced Enforcement," we ask that the exclusions
* Under section 4. We ask for deletion of the
inappropriate and potentially hazardous provision that, "Cement
manufacturers that burn waste tires for fuel can be exempted from
waste tire facility permit requirements..."
QUESTIONS WE REQUEST THE BOARD DIRECT STAFF TO
* How much total expenditures and/or
subsidies in dollars in each year from 1997 - 2002 has the CIWMB
through the Tire Fund (or other CA or CIWMB funding sources, please
specify) sent to cement kilns and other plants or businesses to burn
tires for fuel either directly (specify) or indirectly (specify, e.g.
"public education," reimbursements for hauling per tire burned,
specify staff time spent on this, etc).
* Break down by individual businesses
and companies the expenditures and/or subsidies in dollars in each
year from 1997 - 2002. For example, how much direct (specify) and
indirect (specify) expenditures did the Calaveras Cement Co., Redding,
Shasta Cty, cement kiln receive from the CIWMB to burn tires for
* What is the status of the 176 sites
suspected of storing waste tires in the Five-Year Tire Management
Plan, under the section, "State of the Program"? (i.e. 279
identified but not at that time taken care of minus 103 dealt
* Burning tires for fuel should be
phased out over a three to four year period starting in January.
* The same old approach to promote and
further increase the burning of tires for fuel instead of moving
forward to promoting the above mentioned solutions is not acceptable
and reflects a calcification of thinking at best and the undue
influence of the tire burning industries at worst. We are hopeful that
this new Board will reverse this course by guiding and directing the
staff to the above mentioned compliance and recommendations.
Since 1996, WVCAW, has attended numerous meetings and
workshops at the CIWMB, commenting on CIWMB plans, implementation,
enforcement, and expenditures, and on the increased pollution
caused by the addition of tires to the fuel mix. WVCAW has and
continues to recommend source reduction and true recycling. Before
finalizing the recommendations for the 2 year revision of the Five
Year Waste Tire Program, we refer you to numerous letters sent and
testimony given over the years, including this year, by WVCAW, the
Sierra Club, Citizens for a Better Environment, Silicon Valley Toxics
Coalition, and individual citizens regarding the California
Waste Tire Program and asking for the CIWMB not to promote or directly
or indirectly subsidize burning of tires, and calling for the doable
solutions already built into California law and already available for
source reduction and true recycling.
Your thoughtful consideration on this matter is
appreciated by the residents of this great state.
Working together to keep California clean,
Eden, for West Valley Citizen's Air Watch
cc: Senator Byron Sher
Assemblyperson Anna Eshoo
Attorney General Bill Lockyer
(1) Tire burning for fuel is a waste of energy as it
takes around 7 times more energy to manufacture a new tire as the
amount of energy obtained from burning a tire for fuel, plus it is a
loss of a valuable material -- synthetic rubber.