Department of Environmental Conservation

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Bath Petroleum Storage, Inc.

December 19, 2001


Applicant: Bath Petroleum Storage Inc., 20 Crossways Park North, Woodbury, New York 11797

Applicant's Agents: John J. Privitera, Esq., McNamee, Lochner, Titus & Williams, P.C., 75 State Street-P.O. Box 459, Albany, New York 12201-0459

Jerry W. Boykin, Esq., Womble, Carlyle, Sandridge & Rice, 6862 Elm Street, 7th Floor, McLean, Virginia 22101

Project Description and Location: Applicant has applied to the New York State Department of Environmental Conservation ("Department") for a permit under Article 23, Title 13 of the New York State Environmental Conservation Law ("ECL") for an increase in the liquefied petroleum gas ("LPG") storage capacity of caverns Nos. 1 through 7, pursuant to Declaratory Ruling DEC 23-08 (May 2, 1996). The Department's Division of Mineral Resources issued a denial of the request for the modification permit with notification to the Applicant by letter dated June 9, 1998. On July 2, 1998 the Applicant requested a hearing, which was subsequently stayed at the Applicant's request. The Applicant has now reactivated the appeal and renewed its request for a hearing.

Permits: ECL 23-1301, Underground Storage Permit; Mineral Resources.

SEQRA Status: Department Staff have not yet rendered a SEQRA determination.

Public Hearing: All persons, organizations, corporations or government agencies which may be affected by the project are invited to comment on the application and modification permit denial. For this purpose, a legislative hearing to receive comments will be held on Tuesday, January 22, 2002 at 10:00 a.m. at the Department's Region 8 Sub-Office located at 7291 Coon Road, Bath, New York. This location is reasonably accessible to persons with mobility impairment. Interpreter services will also be made available to deaf persons, at no charge, upon written request to the ALJ named below at least five (5) business days prior to the date of the legislative hearing, pursuant to the State Administrative Procedure Act Section 202(1). Equal weight will be given to both oral and written statements. Please note that it is not necessary to file a written request in advance in order to speak at the legislative hearing. Written comments will also be received prior to the legislative hearing at the Office of Hearings and Mediation Services, at the address listed below.

Issues Conference: A pre-hearing issues conference at the same location will be held immediately following the legislative hearing. The known issues are Department Staff's basis for the denial of the request for a modification permit to increase the LPG storage capacity of caverns Nos. 1 through 7. Other issues may be proposed for adjudication, and must be both substantive and significant in accordance with Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6 NYCRR") Section 624.4(c).

Party Status: All filings requesting party status must be prepared according to the criteria outlined in 6 NYCRR Section 624.5 (Hearing Participation), and must include an explanation of interest and description of the facts that will be offered. All filings requesting party status, proposing issues for adjudication, or for presenting argument, must be received on or before Friday, January 11, 2002, at the Office of Hearings and Mediation Services, 625 Broadway, First Floor, Albany, New York 12233-1550, Att'n: Maria E. Villa, Administrative Law Judge ("ALJ"). Copies of the filing must be provided to both the applicant's agents, at the addresses above, and to Arlene J. Lotters, Esq., NYS Department of Environmental Conservation, Division of Legal Affairs, 625 Broadway, Albany, New York 12233-1500.

Document Availability: All filed documents, the application, and other papers are available for inspection during normal business hours at the Division of Mineral Resources, Bureau of Oil and Gas Regulation, 625 Broadway, Albany, New York 12233-6500; the Department's Region 8 Office, 6274 E. Avon-Lima Road, Avon, New York 14414, Att'n: Randall Nemecek, telephone 585-226-2466, and at the Office of Hearings and Mediation Services, telephone 518-402-9003. A copy of 6 NYCRR Part 624 (link leaves DEC's website) may be obtained from the Office of Hearings and Mediation Services.

Statutory and Regulatory Provisions: The application for modification is processed, and this proceeding is conducted, according to ECL Article 3 (General Functions); Article 8 (Environmental Quality Review, "SEQR"); Article 23, Title 13 (Underground Storage of Gas) and 6 NYCRR Parts 550-556 and 558; 6 NYCRR Part 617 (SEQR) and Part 624 (Permit Hearings). (these links leave DEC's website)

Daniel E. Louis
Chief Administrative Law Judge

Albany, New York
December 19, 2001

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