The New York State Department of Environmental Conservation (DEC) today released draft air and solid waste permits for public comment for the Saratoga Biochar Solutions, LLC facility proposed for construction in the town of Moreau, Saratoga County. DEC also announced virtual and in-person public comment hearings on Feb. 7 and 8 to ensure full consideration of any potential environmental and environmental justice concerns relating to the project. DEC will hold the virtual hearing on Feb. 7, at 6 p.m. and the in-person hearing on Feb. 8, at 6 p.m. DEC will also accept written comments from the public until March 4, 2024. DEC has not made a determination on the proposed permits and will closely review all public comments made during the public comment period and hearings before taking any further actions on the permit applications.

“DEC is committed to conducting a transparent permit review process of Saratoga Biochar’s permit applications,” said Region 5 Director Joe Zalewski. “To ensure a clear and rigorous review process, DEC encourages anyone from the community who is interested to attend and participate at public hearings and/or submit comments in writing. DEC experts will consider all of these comments during the decision-making process before making a decision on the applications.”

Saratoga Biochar Solutions proposes to construct and operate a new industrial facility to manufacture a carbon fertilizer product from biosolids and wood waste feedstock in the town of Moreau. The facility is designed to be constructed in three phases with each phase consisting of a process line capable of processing up to 10 wet tons per hour of biosolids and up to 1.5 tons per hour of wood waste. Saratoga Biochar Solutions submitted complete applications for DEC approvals for the construction and operation of Phase 1 (one process line). The process line consists of a biosolids dryer, pyrolysis reactor, thermal oxidizer, and air pollution control devices. This application involves two DEC permits: an Air State Facility (ASF) permit for air emissions from one process line and a Solid Waste Management Facility (SWMF) permit to accept and process biosolids and wood waste. The proposal requires a Beneficial Use Determination (BUD) for the fertilizer product. The project is also required to obtain coverage under DEC’s Construction Stormwater General Permit prior to construction.

The application materials are available for viewing and download at https://saratogabiochar.com/environmental-permit-documents/. These records can also be viewed in person at DEC’s Warrensburg office and at several local public locations. Addresses for each of these locations are included in DEC’s Jan. 17 Environmental Notice Bulletin: https://dec.ny.gov/news/environmental-notice-bulletin.

Public participation is a key part of the State’s permit review process. This is why DEC is requiring additional opportunities for the potentially impacted communities to review and provide input on the facility’s permit applications to ensure the permitting process for Saratoga Biochar Solutions is consistent with New York State laws, regulations, and policies. In particular, the hearing will advance DEC’s necessary review of the application for purposes of Section 7(2) and 7(3) of the Climate Leadership and Community Protection Act (CLCPA) which requires DEC actions to avert disproportionate burdens on disadvantaged communities and prioritizes reductions of greenhouse gas emissions and co-pollutants in these communities, and DEC’s Commissioner Policy 29 which establishes requirements for certain projects in potential environmental justice areas.

DEC previously required the applicant to prepare and implement an enhanced public participation plan. Three community meetings were held on Dec. 19, 2022, Mar. 28, 2023, and Mar. 29, 2023. A Notice of Complete Application and Notice of Legislative Public Comment Hearing was issued in the Environmental Notice Bulletin on Jan.17, which commences a 45-day public comment period that will run concurrently with the public comment hearings Feb. 7 and 8.

Hearing Information:

• Virtual Hearing – Feb. 7, 2024, 6 p.m.
• Meeting link - To join by phone only, call 518-549-0500 and enter Access Code: 161 695 8229 and password 43274641 

• In-Person Hearing – Feb. 8, 2024, 6 p.m.
• South Glens Falls Senior High School Auditorium - 42 Merritt Rd, South Glens Falls, NY 12803.
• Doors open to the public at 5:30 p.m.

Interpreter services shall be made available to deaf persons. and translator services shall be made available to persons with limited English proficiency, at no charge for either service upon written request. Requests should be received by Jan. 29, 2024, but DEC will make every effort to fulfill requests received closer to the hearing date. Requests can be directed to the NYSDEC Division of Communication, Education, and Engagement, either by mail (address: NYSDEC, 625 Broadway, Albany, New York 12233-4500), by telephone (518-402-8044) or by e-mail (language@dec.ny.gov).

Written comments may be submitted to comments.SaratogaBiochar2021@dec.ny.gov or by mail to Erin Burns, Regional Permit Administrator, DEC Region 5, 1115 State Route 86, Ray Brook, NY 12977. All electronically submitted comments must be received no later than 5 p.m. on Monday, March 4, 2024. All written comments submitted by mail must be postmarked by Monday, March 4, 2024.