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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 in
order to obtain an approximately $100 million grant from the US Department of Energy.

Congressman Hinchey a strong environmental advocate has apparently been very

misled and helped secure this funding.

The NY DEC recently publicly noticed a public comment period ending Oct. 29th. I have
requested an extension of 30 days and I need support for an extension. We also need
legal and technical assistance.

DEC is proceeding on a very questionable basis to:

1) determine the air permit application is "complete" for review purposes, without a
required complete solid waste permit. The facility is designed to handle solid waste.

2) to cap emissions levels under the preconstruction permit under major source
thresholds to allow construction to go forward, while requiring the applicant to submit an
application as a major air emissions source within one year.

Under DEC 6NYCRR Part 360 regulations §360-1.7 PERMIT

REQUIREMENTS, EXEMPTIONS AND VARIANCES.
(a) Permit requirements.

(1) Except as provided for in subdivisions (b) and (c) of this section, section 360-1.13 of this
Subpart or otherwise provided for in the applicable Subpart pertaining to the type of solid
waste management facility in question, no person shall:

(i) construct or operate a solid waste management facility, or any phase of it, except
in accordance with a valid permit issued pursuant to this Part;...

Thus, allowing Taylor to construct this facility without a proper solid waste permit is a
violation of the State DEC's solid waste regulations.
The above is happening while the Draft EIS is still being modified by the applicant in
response to public comments. The Town is lead agency for the EIS and they have
made 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 document
for public review to begin with. As of early August 2010 the applicant had not submitted
information to DEC regarding those applications, which DEC requested in December of
2009. This means that the applicant must have gotten the new information to DEC
sometime in August, then DEC negotiated a way to cap the emissions in order to revise
the permit downward so that is not longer a major source. Then they revised all the
relevant documents and managed to publish a notice by Sept. 9th in the Environmental
Notice Bulletin. It is thus pretty clear that the regulatory administrative processing is
moving at lightning speed, despite the severe staffing cutbacks at the Agency with a
large number of retirements of senior staff in most divisions in the past month. The
applicant is not moving at anywhere near that pace or the Final EIS would be done and
the Town Board would be discussing it. The public process is very definitely getting
squeezed. We have inadequate information, an irregular process and a very short time
frame to respond.

I have been closely involved in work with DEC on the Statewide Solid Waste
Management Plan and we were informed that all proposals for so-called emerging
technologies for solid waste-- gasification, pyrolyis and plasma arc- would be processed
as incinerators under DEC Part 360 regulations. It is impossible to handle a permit for a
solid waste incinerator without a solid waste permit. It is clear from the draft permit that
this 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 is
now in the process of preparing a new solid waste management plan. Yet there is a
rumor that Orange County waste will be going to the Taylor facility. Without a final
modified solid waste plan and a public comment period this would not be possible under
existing Part 360 regulations.
07-30-10 Orange County to Prepare New Solid Waste
Management Plan

Seeks Input from Municipalities in Plan Development

Reduce, reuse, recycle, and compost are primary concepts behind the New
York State Department of Conservation’s (DEC) proposed new solid waste
management plan “Beyond Waste.” Now in draft form and open for public
comment, the plan focuses on decreasing the amount of trash that ultimately
makes it to a landfill.

In response to NY DEC’s “Beyond Waste” plan, Orange County has embarked

on an effort to develop a new solid waste management plan of its own that will
conform to the State’s plan. Orange County’s current solid waste management
plan was prepared in 1991 and updated in 1995/96. It is set to expire at the
end of 2010.

To assist in the development of the new plan, Orange County has retained
Cornerstone Environmental Group LLC. Nationally recognized for their
environmental expertise and experience in solid waste management,
Cornerstone’s national headquarters is located in Middletown. They have
performed work in more than 40 states.

“Gone are the days of simply dropping your trash into a bag that’s left at the
curb and delivered to a landfill,” said Orange County Executive Edward A.
Diana in announcing the County’s efforts to develop a new solid waste
management plan. “Today, trash disposal is a complex, multi-faceted
operation,” continued Mr. Diana. “Coupling Cornerstone’s national experience
with 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 our
communities,” added the County Executive.

As a first step, Cornerstone will soon be sending a solid waste management

survey to the chief elected official and clerk in each Orange County
municipality in order to obtain information regarding their existing solid waste
and recycling operations. This information will be analyzed by Cornerstone and
the County and be an important component in plotting the County’s course for
the new plan.

Municipalities are encouraged to complete and return the survey in a timely

fashion so that an accurate assessment can be compiled and the findings
incorporated into the plan development. If any municipality has not received a
survey by the end of August, they can obtain one by calling Orange County’s
Division of Environmental Facilities and Services at 291-2640 or by emailing
britzinger@orangecountygov.com.

The County’s plan will incorporate the goals contained in the State’s draft plan.
These are: minimize waste generation, increase re-use, maximize recycling,
enhance composting and organics recycling, and minimize the need to export
waste.

“Orange County will use ‘Beyond Waste’ as a road map for developing the
County’s new 10-year plan,” said Peter Hammond, Deputy Commissioner of
the Department of Public Works Division of Environmental Facilities and
Services. “Based on their goals, development of the new County plan will
explore the potential for expanded education and outreach programs, an
organics composting facility, alternatives to landfill utilization, and a community
re-use center,” continued Mr. Hammond. “I encourage each municipality to
complete their survey and share their input with our plan development team.”

The County has recently completed construction of a $5.2 million transfer

station facility in Goshen which will play an integral role in addressing the
County’s future waste.

Air Permit

Under New Source Rreview DEC would have to review the delayed Title V
permit as if construction had never commenced. Permit limits established by
capping emissions below major source thresholds, could not be relaxed in the
future for this facility or it would be an illegal avoidance of New Source Review
under PSD requirements. Citizens would be able to sue.
The Public Notice below relates to a Town public hearing to create a Floating Zone in
order to facilitate this biomass proposal. Current zoning laws would not permit this
proposal.

PLEASE TAKE NOTICE that a public hearing will be held by the Town Board of the
Town of Montgomery on October 14, 2010 at 7:00 p.m. or as soon thereafter as the
matter can be heard at the Montgomery Town Hall, 110 Bracken Road, Montgomery,
NY to consider a Local Law for 2010 of the Town of Montgomery entitled:

“A LOCAL LAW AMENDING THE ZONING LAW OF THE TOWN OF MONTGOMERY,

ORANGE COUNTY, NEW YORK TO CREATE A BIOMASS GASIFICATION-TO-
ENERGY DISTRICT FLOATING ZONE AND TO ENACT REGULATIONS
PERTAINING THERETO”

Environmental Notice Bulletin

Dated: September 9, 2010
Applicant:

Taylor Holdings Group, Ltd

350 Neelytown Rd
Montgomery, NY 12549

Facility:

Taylor Biomass Gasification Facility

350 Neelytown Rd
Montgomery, NY 12549

Application ID:

3-3342-00105/00009

Permit(s) Applied for:

Article 27 Title 7 Solid Waste Management

Article 19 Air State Facility
Project is Located:

Montgomery, Orange County

Project Description:

Taylor Holdings Group, Ltd is proposing to construct a Biomass Gasification Facility at the
existing Taylor Construction and Demolition (C&D) Processing Facility located at 350
Neelytown Road in the Town of Montgomery, Orange County. The proposed Biomass
facility would receive up to 450 tons per day (tpd) of C&D, up to 100 tpd of unadultered
wood waste and up to 500 tpd of Municipal Solid Waste (MSW). All received waste would
be processed and separated in enclosed buildings. All non-organic material suitable for
alternative use as well as recyclables will be separated from the waste stream. The
resulting feed material will then be transported via enclosed conveyor to Biomass storage
silos and then on to the gasifier. The gasifier will convert the feed material into a gaseous
fuel by reacting it at high temperatures with a controlled amount of oxygen. The proposed
gasifier would be capable of handling up to 300 tpd of feed material. The gaseous fuel or
synthetic gas would in turn be routed to a turbine capable of producing 20 to 25 Megawatts
(MW) of power. Generated power will be conveyed to market via an existing Central
Hudson Gas and Electric substation located adjacent to the Taylor property.

Pursuant to Section 621.2(f) of Title 6 of the Official Compilation of Codes, Rules and
Regulations of the State of New York [6 NYCRR 621.2(f)], a "complete application" means
an application for a permit which is in an approved form and is determined by the
Department to be complete for the purpose of commencing review of the application but
which may need to be supplemented during the course of review in order to enable the
Department to make the findings and determinations required by law.

Department Staff has not made any determinations with regard to the issuance of a permit
for the proposed solid waste management facility. However, Department Staff has made a
tentative determination regarding the application for the requested Air State Facility Pre
Construction permit. Based on information available to the Department at this time, the
regulated emissions have been determined to satisfy minimum standards for permit
issuance. This tentative determination is required by federal regulations and does not
signify Department approval or endorsement of the activities for which the permits are
sought or for the overall proposed project at this time. The Department seeks comments on
the proposed application before making final decisions on them.
As required by Federal regulation, the Department has prepared a Draft Permit pursuant to
Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law (ECL) and
made a tentative determination to issue a new State Facility Permit for the operation of the
Taylor Biomass Gasification Facility. The Draft permit is available for review as indicated
below. This draft permit requires the facility-wide emissions of oxides of nitrogen (NOx) to be
capped at 100 tons per year (tpy). This cap will keep the facility below a major source
requirement of 6 NYCRR Part 231. Within 1 year of "start up" of the facility, an application
for a Title V permit must be submitted to the Department.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available
for inspection during normal business hours at the address of the contact person. To ensure
timely service at the time of inspection, it is recommended that an appointment be made
with the contact person.

State Environmental Quality Review (SEQR) Determination:

A draft environmental impact statement has been prepared on this project and is on file.

SEQR Lead Agency: Montgomery Town Board

State Historic Preservation Act (SHPA) Determination:

Cultural resource lists and maps have been checked. No registered, eligible or inventoried
archeological sites or historic structures were identified at the project location. No further
review in accordance with SHPA is required.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the
Waterfront Revitalization and Coastal Resources Act.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than
Oct 29, 2010.

Contact:

John W Petronella
NYSDEC Region 3 Headquarters
21 South Putt Corners Rd
New Paltz, NY 12561
(845)256-3054
r3dep@gw.dec.state.ny.us