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Taylor Facility Summary

Taylor Facility Summary

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Published by Andy Arthur

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Published by: Andy Arthur on Feb 06, 2011
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02/06/2011

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Urgent Assistance needed on Taylor Biomass Gasification Facility !!
The applicant is very politically connected and the project is being rushed through inorder to obtain an approximately $100 million grant from the US Department of Energy.Congressman Hinchey a strong environmental advocate has apparently been verymisled and helped secure this funding.The NY DEC recently publicly noticed a public comment period ending Oct. 29th. I haverequested an extension of 30 days and I need support for an extension. We also needlegal and technical assistance.DEC is proceeding on a very questionable basis to:1) determine the air permit application is "complete" for review purposes, without arequired complete solid waste permit. The facility is designed to handle solid waste.2) to cap emissions levels under the preconstruction permit under major sourcethresholds to allow construction to go forward, while requiring the applicant to submit anapplication as a major air emissions source within one year.
Under DEC 6NYCRR Part 360 regulations §360-1.7 PERMITREQUIREMENTS, EXEMPTIONS AND VARIANCES.
(a) Permit requirements.
(1) Except as provided for in subdivisions (b) and (c) of this section, section 360-1.13 of thisSubpart or otherwise provided for in the applicable Subpart pertaining to the type of solidwaste management facility in question,
no person shall:(i) construct or operate a solid waste management facility, or any phase of it, exceptin accordance with a valid permit issued pursuant to this Part;...
Thus, allowing Taylor to construct this facility without a proper solid waste permit is aviolation of the State DEC's solid waste regulations.
 
The above is happening while the Draft EIS is still being modified by the applicant inresponse to public comments. The Town is lead agency for the EIS and they havemade no determination on the EIS subsequent to receipt of public comments.
So why is DEC now rushing this questionable permit application through?
The EIS is not final and the Town has not had a chance to make their own decision.The Draft EIS had no complete applications in it -- thus it was an inadequate documentfor public review to begin with. As of early August 2010 the applicant had not submittedinformation to DEC regarding those applications, which DEC requested in December of2009. This means that the applicant must have gotten the new information to DECsometime in August, then DEC negotiated a way to cap the emissions in order to revisethe permit downward so that is not longer a major source. Then they revised all therelevant documents and managed to publish a notice by Sept. 9th in the EnvironmentalNotice Bulletin. It is thus pretty clear that the regulatory administrative processing ismoving at lightning speed, despite the severe staffing cutbacks at the Agency with alarge number of retirements of senior staff in most divisions in the past month. Theapplicant is not moving at anywhere near that pace or the Final EIS would be done andthe Town Board would be discussing it. The public process is very definitely gettingsqueezed. We have inadequate information, an irregular process and a very short timeframe to respond.I have been closely involved in work with DEC on the Statewide Solid WasteManagement Plan and we were informed that all proposals for so-called emergingtechnologies for solid waste-- gasification, pyrolyis and plasma arc- would be processedas incinerators under DEC Part 360 regulations. It is impossible to handle a permit for asolid waste incinerator without a solid waste permit. It is clear from the draft permit thatthis is not being treated as an incinerator.
New Orange County Solid Waste Plan
Based on the Public Statement found on Orange County's website below, the County isnow in the process of preparing a new solid waste management plan. Yet there is arumor that Orange County waste will be going to the Taylor facility. Without a finalmodified solid waste plan and a public comment period this would not be possible underexisting Part 360 regulations.
 
07-30-10 Orange County to Prepare New Solid WasteManagement Plan
Seeks Input from Municipalities in Plan Development
Reduce, reuse, recycle, and compost are primary concepts behind the NewYork State Department of Conservation’s (DEC) proposed new solid wastemanagement plan “Beyond Waste.” Now in draft form and open for publiccomment, the plan focuses on decreasing the amount of trash that ultimatelymakes it to a landfill.In response to NY DEC’s “Beyond Waste” plan, Orange County has embarkedon an effort to develop a new solid waste management plan of its own that willconform to the State’s plan. Orange County’s current solid waste managementplan was prepared in 1991 and updated in 1995/96. It is set to expire at theend of 2010.To assist in the development of the new plan, Orange County has retainedCornerstone Environmental Group LLC. Nationally recognized for theirenvironmental expertise and experience in solid waste management,Cornerstone’s national headquarters is located in Middletown. They haveperformed work in more than 40 states.“Gone are the days of simply dropping your trash into a bag that’s left at thecurb and delivered to a landfill,” said Orange County Executive Edward A.Diana in announcing the County’s efforts to develop a new solid wastemanagement plan. “Today, trash disposal is a complex, multi-facetedoperation,” continued Mr. Diana. “Coupling Cornerstone’s national experiencewith input from Orange County municipalities will help us to develop a state-of-the-art plan that will be good for the environment and good for ourcommunities,” added the County Executive.As a first step, Cornerstone will soon be sending a solid waste managementsurvey to the chief elected official and clerk in each Orange Countymunicipality in order to obtain information regarding their existing solid wasteand recycling operations. This information will be analyzed by Cornerstone andthe County and be an important component in plotting the County’s course for

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