Plastic2Oil Inc (PTOI)

[Johnik]

By using the term "subject," I meant that the emissions were subject to regulation by the DEC. The scope to which they are regulated depends on a host of considerations, most notably the potential emission levels generating by company operations.

With this in mind, if the project is determined to be a "minor project," then I don't think the DEC would hold a public hearing, based on the following provision in the regulations:

"Section 621.8.* Determination to conduct a public hearing.

. . . .

(e) The department normally does not require public hearings in connection with applications for minor projects, as identified in sections 621.3 and 621.4 of this Part. If a public hearing is required for a minor project, the application shall be treated as a major project for purposes of this Part."

In prior posts, I have always qualified my statements by indicating that a public hearing is not "ordinarily" required, as the regulation quoted above leaves open that possibility. In my view, the reason for that is to retain some discretion with the DEC to ascertain which projects, though technically minor, should be subject to the scrutiny of the public hearing process. I have no reason to believe that would be the case with JBI (the facility is in a very industrial location), but of course the possibility remains open as a matter of DEC discretion (and understandably so). Under the previous section, 621.7 (which I only skimmed just now), it looks like the DEC is to provide some basic public notification of the project (the scope of which is again subject to DEC discretion).

(I am going to attempt again to post the regs, this time from the DEC website, rather than the Dept of State's website. Sorry if the link doesn't work.)

http://www.dec.ny.gov/regs/4486.html#18129

I don't believe this notification provision would do anything to delay the permit.

I will note in passing that many environmental terms are words of art. Their precise meaning depends on the context used, and regulations at issue. The term "pollutant" or "toxin" thus may vary depending on whether it is being used in its common sense, or as defined by reg in a certain context. (I am not saying this to justify anything that may have been posted by someone else in the past.)