Plastic2Oil Inc (PTOI)

[Johnik]

Hi BigGreen. The project doesn't need to sit idle pending DEC permitting. The permit application should be based on known and prospective emissions. An expansion of operations will not necessarily trigger a new application to the DEC. Of course, different obligations apply depending on the scope of the expansion, so I obviously can't comment on what requirements will necessarily be required of JBI in light of whatever expansions the company has in mind for the NY facility. I can, however, leave you with this (be sure to note the "operational flexibility" under part (b)):

§201-5.4 Modifications and operational flexibility for State facility permits
Permit modifications and physical or operational changes to an existing stationary source are subject to the following procedures.

(a) Modifications.

(1) Changes at a stationary source subject to this Subpart involving:

(i) new emission units; or

(ii) modifications to existing emission units as defined under Part 200 of this Title; or

(iii) modifications of permit terms or conditions must be reviewed and approved by the department except as provided in subdivision (b) of this section.

(2) Facility owners and/or operators must submit an application requesting such permit modifications and receive department authorization prior to making such modifications.

(b) Operational flexibility.

(1) Certain changes and modifications which meet the criteria under subparagraphs (i)-(iii) of this paragraph may be conducted without prior approval of the department and shall not require modification of the permit. The facility owner and/or operator must however maintain records of the date and description of such changes and make such records available for review by department representatives upon request.

(i) Changes that do not cause emissions to exceed any emission limitation contained in regulations or applicable requirements under this Title.

(ii) Changes which do not cause the source to become subject to any additional regulations or requirements under this Title.

(iii) Changes that do not seek to establish or modify a federally-enforceable emission cap or limit.

(2) In addition to the recordkeeping required under paragraph (1) of this subdivision, the permittee must notify the department in writing at least 30 calendar days in advance of making changes involving:

(i) the relocation of emission points within a facility;

(ii) the emission of any air pollutant not previously authorized or remitted in accordance with a permit issued by the department;

(iii) the installation or alteration of any air cleaning installations, device or control equipment.

(3) The department may require a permit modification to impose applicable requirements or special permit conditions if it determines that changes proposed pursuant to notification under paragraph (2) of this subdivision do not meet the criteria under paragraph (1) of this subdivision or the change may have a significant air quality impact. In such cases the department may require that the permittee not undertake the proposed change until it completes a more detailed review of the change for air quality impacts and/or applicable requirements. The department shall respond to the permittee in writing with such a determination within 15 days of receipt of the 30 day advance notification from the permittee. The department's determination shall include a listing of information necessary to further review the proposed change.

http://www.dec.ny.gov/regs/4301.html#13498


Again, to be clear, we would first need to see what JBI gets permitted for (including applicable conditions), and learn the scope of intended expansion at the NY facility before we would be able to ascertain what requirements apply. My only point is that modification does not necessary require beginning the permitting process anew.

Also, there should be no "bait and switch" at issue so long as the company communicates and cooperates with the DEC.