Thursday, December 2, 2010

Johnik comments on solid waste permitting for JBI's P2O process

Perhaps JBI is seeking broad approval for a number of different sources of plastic feedstock, thereby implicating solid waste regulations. I really don't know.

Regardless, this is an ongoing process that is complicated, in my view, by the novelty of JBI's business venture. Due deference is appropriately accorded the DEC in interpreting its own regulations, and if the scope of JBI's application touches on solid waste permitting, so be it. I do think that the DEC is our friend in this process though.

In any event, what has been posted today reflects the current position of the DEC, as stated by the Region 9 permits administrator. Mr. Denk sounded confident in his position, so I take it as strong guidance as to where we are headed. Of course the DEC is not bound by anything said today, as no final determination has issued, but we at least can anticipate the likely series of future events. By the same token, nothing reported today would preclude JBI from seeking further relief, whether in the form of a manufacturing facility exemption or otherwise, but it appears that such relief is not presently on the table.

Bottom line: let's hope JBI and the DEC work together to expedite the requisite approval for P2O to commence commercial operations. That would surely be a joyous day for us "longs".

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