E.I.L. Petroleum, Inc. and Bath Petroleum Storage Inc.
June 6, 2000
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF PUBLIC HEARING
APPLICANT: E.I.L. Petroleum, Inc. (EIL) and Bath Petroleum Storage Inc. (BPSI), E.I.L.'s wholly-owned subsidiary - Bath Storage Facility, 20 Crossways Park, Suite 302, Woodbury, New York 11797, (516) 921-9180
DEC Project Number - 8-4624-00008/00001 (Batch #427735)
PROJECT DESCRIPTION: The applicant operates an underground liquid petroleum gas (LPG) storage facility on Eagle Valley Road in Bath, New York (Steuben County). This operation requires a State Pollutant Discharge Elimination System (SPDES) permit in order to continue the discharge of brine into the Cohocton River. This brine is a product of the salt caverns in which the LPG is stored. The applicant seeks to renew its SPDES permit as well as to transfer the permit from EIL to BPSI.
PERMIT HISTORY: The original NPDES permit #NY-00004278 was issued to Mobil Oil Corp., the predecessor of EIL/BPSI, effective January 31, 1975. In 1980, DEC issued a SPDES permit to Mobil. In June 1984, BPSI submitted an application to the New York State Department of Environmental Conservation (DEC or Department) with a full industrial chemical survey and DEC renewed the 1980 SPDES permit on September 12, 1984. In 1990, the Department changed the permittee's name to E.I.L. Petroleum, Inc. The company applied for a permit renewal on November 29, 1993 and the Department issued a renewal on February 4, 1994. DEC staff modified the SPDES permit in 1996 and this action was subject of a public hearing, issues conference, and adjudicatory hearing that culminated in a decision by Deputy Commissioner Crotty dated August 28, 1998 that affirmed the staff's modification requiring reclassification of the facility and additional discharge monitoring measures. On September 16, 1998, the Department staff modified the permit consistent with this decision. This permit expired on September 12, 1999 and staff has denied the applicant's request for a renewal based upon its finding that inadequate information has been presented to the Department to grant it. Staff has asserted that the facility has expanded significantly and therefore, is no longer operating under the parameters of its former permit. The request of E.I.L. and BPSI for a hearing to challenge this denial is the subject of this notice. In addition, E.I.L. has requested that the permit be transferred to BPSI.
SEQRA STATUS: It is the applicant's position that its request for a renewal is a Type II action pursuant to the State Environmental Quality Review Act (SEQRA) because BPSI and EIL have not requested a change to the permit's conditions or changed the scope of the permitted activities. The staff disagrees with this classification and has not made a determination of significance under SEQRA due to its finding that the application for renewal of the SPDES permit does not contain all the information staff requires to make a determination of significance.
PUBLIC HEARING: All persons, organizations, corporation or government agencies which may be affected by the proposed permit renewal are invited to comment. A legislative hearing session will be held to receive unsworn statements from the public at the Department's Region 8 sub-office located at 7291 Coon Road, Bath, New York on July 10, 2000 beginning at 10:00 a.m. Those who may be affected by the renewal are invited to attend the legislative hearing and to submit oral comments on the it at this session. No prior filing is required to participate. The Office of Hearings and Mediation Services (OHMS) recommends that lengthy comments be submitted in writing at the hearing. People may also file written comments with the OHMS at the address indicated below either before or during the legislative hearing. Equal weight will be given to both oral and written comments.
The hearing location is reasonably accessible to handicapped persons. Interpreter services shall be made available to deaf persons, at no charge, upon written request to the ALJ identified below, at least seven (7) business days prior to the hearing.
ISSUES CONFERENCE: A pre-adjudicatory hearing issues conference will be held on July 10, 2000 immediately following the legislative hearing at the Department's Region 8 sub-office located at 7291 Coon Road, Bath, New York. The purpose of the issues conference is to determine party status for any person who has properly filed and to define, narrow and if possible, resolve proposed adjudicable issues concerning the permit renewal application which are raised by petitioners granted party status by the presiding ALJ. Any persons requesting party status must appear or be represented at the issues conference in order that all proposed issues may be fully discussed.
ADJUDICATORY HEARING: The adjudicatory hearing is tentatively scheduled for August 8-11, 2000 at the Avon offices of DEC located at 6274 East Avon-Lima Road commencing at 10:00 a.m.
FILING FOR PARTY STATUS: The applicant and Department staff are automatically full parties to this proceeding. Others who seek party status to participate at the issues conference and at any subsequent hearing must file a written petition requesting party status, pursuant to §§ 624.4[c] and 624.5 of Title 6 of the New York Compilation of Codes, Rules and Regulations (6 NYCRR).
PERSONS HAVING SIMILAR INTERESTS ARE ENCOURAGED TO FILE AS A CONSOLIDATED PARTY. ALL PETITIONS REQUESTING PARTY STATUS TO PARTICIPATE IN THE ADJUDICATORY HEARING MUST BE RECEIVED AT THE OFFICE OF HEARINGS AND MEDIATION SERVICES NO LATER THAN THE CLOSE OF BUSINESS ON JULY 5, 2000. SUCH FILINGS SHOULD BE SUBMITTED TO: P. NICHOLAS GARLICK, ADMINISTRATIVE LAW JUDGE, NEW YORK STATEMENT DEPARTMENT OF ENVIRONMENTAL CONSERVATION, ROOM 423, 50 WOLF ROAD, ALBANY, NEW YORK 12233-1550; TELEPHONE (518) 457-3468. FILINGS BY TELECOPIER TRANSMISSION WILL NOT BE ACCEPTED. At the same time and manner, all petitioners must also send a copy of their complete filing to: John J. Privitera, Esq. McNamee, Lochner, Titus & Williams, P.C. 75 State Street, Albany, N.Y. 12201-0459 and Lisa Schwartz, Assistant Regional Attorney, NYSDEC, Region 8, 6274 East Avon-Lima Road, Avon, New York 14414-9519.
DOCUMENT AVAILABILITY: The permit renewal application, related materials and hearing procedures are available for public review at:
1. NYSDEC OHMS, 50 Wolf Road, Room 423, Albany, New York 12233-1550
2. NYSDEC Region 8, 6274 East Avon-Lima Road, Avon, New York 14414-9519. Contact: Lisa Schwartz (716) 226-5364.
APPLICABLE STATUTORY AND REGULATORY PROVISIONS: Environmental Conservation Law Article 1 (General Provisions); Article 3, Title 3 (General Functions); Article 8, State Environmental Quality Review Act; Article 17, Title 7 (Water Pollution Control); Article 70 (Uniform Procedures); Title 6 of the New York Compilation of Codes, Rules and Regulations (NYCRR) Part 617 (SEQRA); Part 621 (Uniform Procedures); Part 624 (Permit Hearing Procedures); Parts 750-758 (SPDES).
ALL PERSONS HAVING AN INTEREST IN THE PROPOSED APPLICATION ARE URGED TO ATTEND THE HEARING OR BE REPRESENTED EITHER INDIVIDUALLY OR COLLECTIVELY.
CHIEF ADMINISTRATIVE LAW JUDGE
Albany, New York
June 6, 2000