Plastic2Oil Inc (PTOI)

[Johnik]

OK, thanks for clarifying.

I think, then, that we have identified the discrepancy between our viewpoints. As we both know (and sorry for repeating), we are concerned, at the moment, only with the procedures of the N.Y. DEC, not some other state jurisdiction. Oregon, as you have noted, has different requirements.

Here is what appears to be the default category under the Oregon regs. (cursory review mind you):

(c) Category III -- The Department will provide notice of the proposed permit action and a minimum of 35 days to submit written comments. The Department will provide a minimum of 30 days notice for a hearing, if one is scheduled. The Department will schedule a hearing to allow interested persons to submit oral or written comments if:

http://arcweb.sos.state.or.us/rules/OARs_300/OAR_340/340_209.html

I'm guessing you got that from here (without a link or citation, I must resort to guesswork):

http://www.deq.state.or.us/nwr/permits/34-9514-RR-02262010(2)-AQ.pdf

(see page 7, at the end of the document)

Suffice it to say that JBI is not in Oregon (at least not now) and thus need not comply with Oregon's environmental permitting procedures. We both have acknowledged such in prior correspondence.

I am not contending, mind you, that JBI's project cannot be subject to public comment/hearing, nor have I ever definitively categorized the project. I have said that I have no reason to suspect that it will be categorized as a major project, and the recent post from "dave" suggested that it will proceed as a minor project under DEC procedures. As I have also said, however, the DEC is vested with the authority to classify the project in accordance with its own regulations--a determination that must be made upon all information before it. My information is of course limited.

Your determination that the project requires a public comment period and public hearing was the sole focus of my criticism. I do not see that to be the case.

Have a great weekend. (I do appreciate the politeness of your posts, even if we disagree.)