Plastic2Oil Inc (PTOI)

[Johnik]

MLM, it is understandable for the DEC to refrain from stating conclusively as to which regulatory requirements will be applicable to JBI's operations until all pertinent information is before it, and it has rendered a decision on that information. Public hearings are not ordinarily required for minor projects. Whether a project is minor or major is not a simple mathematical calculation, nor is it wholly subjective on the part of the DEC. It is not a simple task to navigate the waters of environmental regulations, particularly when both state and federal requirements may be imposed depending on the nature of the project, the resulting emissions (in the case of air regulations), and the project's proximity to natural resources.

At the end of this post is just a sample of what constitutes a "major" project under DEC regulations. You will see cross-references to both state and federal regulations in the list. Additionally, even the below list is subject to reservations set forth in another section of the regulations.

This is not to suggest that knowledgeable professionals (which I am not) would be unable to determine with certainty which regulations apply to JBI, nor is it to suggest that those with experience in assessing industrial projects would have difficulty in determining an appropriate classification. My point, rather, is that the scope of pertinent considerations provides great reason for the DEC to refrain from classifying a project in advance of receiving and considering all necessary information.

Until that happens, all the DEC logically can do is render an inconclusive guess with reservations. According on Dave's post, it appears that is what has happened:

[Statement subject to verification:] 8. They expect NO comment period because the emission levels they expect in the report to be substantially below the levels that would require a comment period.
[DEC Answer:] I suspect this is true but can't promise until we receive a permit application. The public comment period is only 30 days though.

The following is taken from 6 N.Y. Comp. Codes R. & Regs. 621.4, which is available on the NY Dept of State's website (http://www.dos.state.ny.us/info/nycrr.html) and likely also available from the DEC:

"(g) Air pollution control, permits under Parts 201, 203, 215 and 231 of this Title, article 19 of the ECL.

(1) A complete application must include information specified in Part 201 of this Title, and other applicable air pollution control regulations.

(2) The types of projects described in subparagraphs (i)-(ix) of this paragraph that follow, are major; all others are minor:

(i) projects subject to the title V facility permit requirements under Part 201 of this Title including: initial permitting of subject facilities, permit renewals and significant permit modifications;

(ii) projects involving any preconstruction permit for construction and initial operation of new emission sources at title V permitted facilities that are defined as significant permit modifications pursuant to section 201-6.7(d) of this Title;

(iii) projects subject to major new source preconstruction permitting under Part 231 of this title;

(iv) projects requiring emission reduction credits;

(v) projects requiring the use of a federally enforceable emission cap;

(a) to avoid major stationary source classification as defined in Part 201 of this Title; or

(b) to avoid more stringent emission controls that would otherwise be required for projects described under subparagraph (ii) of this paragraph;

(vi) projects involving the emission sources subject to National Emission Standards for Hazardous Air Pollutants under 40 CFR 61, except for emission sources subject to 40 CFR part 61 subpart M - National Emission Standards for Hazardous Air Pollutants for Asbestos, section 61.145, Standards for Demolition and Renovation (see Table 3 in Part 200 of this Title);

(vii) projects involving the construction of new facilities with emission sources subject to National Emission Standards for Hazardous Air Pollutants under 40 CFR part 63 (see Table 4 in Part 200 of this Title); and

(viii) projects subject to title IV requirements under the CAA (see section 200 of this Title);

(ix) projects involving the construction of new highways or roads, or modification of any existing section of highway or road, which require an indirect source permit under Part 203 of this Title."