Saturday, May 21, 2011

Johnik opines on timing of JBI permits

Looks to me like we have avoided a DEC public hearing on the permits.

The DEC, not surprisingly, issued a "negative" SEQR declaration, which means that "the Lead Agency [i.e., the DEC] has determined that the project will not have a significant impact on the environment ."
(click on the question mark next to "SEQR Determination")

Following the DEC's SEQR guidance chart, that determination should permit JBI to avoid DEC consideration of a public hearing (bypassing "step 9").

Not having to go through a public hearing, in turn, would shorten the timeframe in which we should expect to see the air and solid waste permits.

Thus, it appears that we have started the 90-day countdown in which the DEC will issue its decision, commencing on 5/19/11. That 90-day timeframe, of course, represents the outer limit of the DEC's final decision, not the expected arrival date.

For now, we see the comment period is open until 06/09/11, so we can anticipate that no final decision shall be rendered prior to that date. Once we pass June 9, however, I don't see anything further standing in the way of JBI's permits. Given the location of the plant, it is doubtful that an abutter would raise any objections. So I certainly would not be surprised to see June 10 mark the long-anticipated arrival of JBI's permitting.


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