Department of Environmental Conservation

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Brookhaven Energy, LP

August 21, 2001


Applicant: Brookhaven Energy Limited Partnership, 65 Boston Post Road, Suite 300, Marlborough, MA, 01752.

Application Number: DEC # 1-4722-03777/00001; PSC Case # 00-F-0566

Project Description: The Applicant, Brookhaven Energy, L.P., proposes to construct and operate a gas-fired combined cycle power generation facility consisting of two Alstom Power GT-24 combustion turbines (CTGs), two heat recovery steam generators (HRSGs), two steam turbine generators (STGs) and associated balance-of-plant systems and facilities. The fuel will be exclusively natural gas. The nominal electric generating capacity of the proposed facility will be approximately 580 megawatts (MW). However, the project is designed so that steam can be injected from the lines between the HRSGs and STGs into the combustion turbines for power augmentation. This results in an additional 40 MW power increase in the plant output (from 540 MW to580MW under nominal conditions).

The Applicant also proposes to install an oxidation catalyst system to reduce carbon monoxide (CO), a "dry low oxides of nitrogen (NOx) burner," and selective catalytic reduction (SCR) to reduce NOx. The facility will use an air-cooled condenser. The air emissions resulting from the turbines and generators will be vented through two 160 feet high exhaust stack. Suffolk County Water Authority, a public water supply company, will provide the 0.0189 million gallons per day (MGD) on average required for the project. Process and sanitary wastewater will be routed to the Yaphank sewage treatment plant. Wastewater that exceeds the appropriate discharge limits for quality or quantity will be trucked off-site for proper disposal. The average stormwater discharge of 59,400 gallons per day (gpd) will be discharged to groundwater via a recharge basin. The project site is located southeast of the Sills Road Interchange (Exit 66) of the Long Island Expressway (LIE) in the Village of Yaphank, Town of Brookhaven, Suffolk County.

Air Permit Applications

Title V Permit: Title V of the federal Clean Air Act requires Applicants of major air emission sources to obtain preconstruction air permits. Pursuant to Title 6 of the New York Compilation of Codes, Rules and Regulations (6 NYCRR) Subpart 201-6, Brookhaven Energy has opted to obtain a Title V permit authorizing the construction and operation of the proposed Brookhaven Energy facility. Consistent with the requirements of Environmental Conservation Law (ECL) Article 19, 6 NYCRR Part 201 (Permits and Registrations), and 6 NYCRR Subpart 231-2 (Requirements for Emission Sources Subject to §§172 and 173 of the Clean Air Act, 42 USC §§7502 and 7503 on or after November 15, 1992), Brookhaven Energy has filed a complete application with the Department of Environmental Conservation (DEC) for this Title V permit. DEC Staff has determined that federal maximum achievable control technology (MACT) requirements of 40 CFR, Part 63, Subpart B are not applicable to the project. DEC hereby notices a complete application and draft permit for the purpose of issuing a Title V Permit, along with a set of permit conditions for the proposed facility. Pursuant to the Phase II requirements of Title IV of the Clean Air Act and 40 CFR §72.6(a)(3), the Staff has also reviewed Brookhaven Energy's acid rain permit application included in the Title V application and has found it approvable.

The conditions in DEC's draft permit authorize the construction and operation of the proposed facility pursuant to 6 NYCRR Subpart 201-6.1 and assure conformance of the Brookhaven Energy facility with requirements of 6 NYCRR Parts 201, 225, 227, 231, and 257, as well as all other applicable State air pollution regulations and Federal requirements per New Source Performance Standards (NSPS) at 40 CFR Part 60 on enforceable permit conditions. In accordance with 6 NYCRR §621.5(d)(9) and §201-6.4(c), the Administrator of the United States Environmental Protection Agency (USEPA) has the authority to bar issuance of any Title V Facility Permit if it is determined not to be in compliance with applicable requirements of the Clean Air Act or 6 NYCRR Part 201.

In addition to the Part 201-6.1 Title V draft permit, the DEC Staff is concurrently issuing for public comment a Notice of Determination to Issue Prevention of Significant Deterioration (PSD) conditions pursuant to 40 CFR §52.21 and Part 124.

Brookhaven Energy is also required to obtain emissions offsets in the form of emission reduction credits (ERCs) for NOx. It is a minor source of volatile organic compounds (VOCs) per 6 NYCRR Subpart 231-2 definition. Pursuant to 6 NYCRR Subpart 231-2, Brookhaven Energy has obtained the necessary 148.9 tons of NOx ERCs from Con Edison's Astoria plant. Therefore, this notice also serves as the public notice for the ERCs and provides for the public comment period required by 6 NYCRR 231-2.10.

State Pollutant Discharge Elimination System (SPDES)

SPDES Permits: Pursuant to ECL §17-0823, the Applicant has filed an application with the DEC for a SPDES wastewater discharge permit and a request for certification that its discharges will comply with the applicable requirements of the Federal Clean Water Act. The Applicant seeks approval to discharge storm water runoff to existing onsite drainage areas during the construction and operation of the proposed facility.

Additional Regulatory Provisions

NYS Public Service Law (PSL): This project requires a Certificate of Environmental Compatibility and Public Need (Certificate) to construct and operate, and is subject to review pursuant to New York State Public Service Law (PSL) Article X (Siting of Major Electric Generating Facilities). The PSL Article X application was filed on June 25, 2001. The conditions contained in the draft permits identified in this notice will be incorporated into the Article X hearing record for the Brookhaven Energy generating project. The entire Article X record that exists to date is also hereby incorporated, by reference, into the record for this proceeding.

The DEC public hearings noticed below are being held contemporaneously and on a joint record with the related PSL Article X proceedings concerning the application filed by Brookhaven Energy Limited Partnership, for a Certificate (PSC Case #00-F-00566). For additional information concerning the PSL Article X application and related hearings go to the Department of Public Service web page at:

NYS Environmental Conservation Law and implementing regulations: In addition to the specific statutes and regulations cited above, the subject SPDES and Title V permit applications are being processed by the DEC Staff pursuant to ECL Article 3, Title 3 (General Functions), ECL Article 17 (Water Pollution Control), ECL Article 19 (Air Pollution Control), and 6 NYCRR Subparts 201-6 (Permits and Registrations) and 231-2 (Requirements for Emission Sources Subject to §§172 and 173 of the Clean Air Act , 42 USC §7502 and §7503 on or after November 15, 1992), Part 621 (Uniform Procedures), Part 624 (Permit Hearing Procedures), and Parts 750 et seq. (State Pollutant Discharge Elimination System).

SEQRA Status: The DEC Staff has determined that the proposal is a Type II action as designated by 6 NYCRR §617.5(c)(35). A comprehensive environmental review is conducted pursuant to PSL Article X.

Tentative DEC Staff Position and Document Availability: The DEC Staff has reviewed Brookhaven Energy's application materials and supporting documentation and has determined that they are complete pursuant to 6 NYCRR Part 621. A tentative determination has been made to approve this application and prepare draft permits. It has been determined that all air program statutory and regulatory criteria can be met through the imposition of special permit conditions. For the 201-6 Title V draft air permit, DEC Staff has incorporated control technologies and emission limits proposed by the Applicant, and has independently developed additional conditions to ensure compliance with all regulatory requirements. The background documentation of this determination is available in the "fact sheets" and the administrative record for the project.

The application materials, fact sheet, the draft preconstruction (air) permit, and the draft SPDES permit are available for review at the following locations during normal business hours between 9:00 AM and 4:00 PM, Monday through Friday:

  1. NYS DEC Office of Hearings and Mediation Services, 625 Broadway, First Floor, Albany, NY 12233-1550. Contact: Administrative Law Judge Daniel P. O'Connell at (518) 402-9003;
  2. NYS DEC Division of Environmental Permits, 625 Broadway, Albany, New York 12233-1750. Contact Kevin Kispert, Project Manager, at (518) 402-9161; and
  3. NYS DEC Region 1 Office, SUNY Bldg 40, Stony Brook, 12750. Contact: John Pavacic or Roger Evans at (631) 444-0365.

Written Comments: All written comments about the draft 201-6 Title V air permit and draft SPDES permit must be postmarked by October 15, 2001, and sent to Administrative Law Judge Daniel P. O'Connell, NYS DEC Office of Hearings and Mediation Services, 625 Broadway, First Floor, Albany, New York 12233-1550.

All public comments on the Subpart 201-6 draft Title V permit and draft SPDES permit will be reviewed to determine whether they raise substantive and significant issues that warrant further review through adjudication. Specific comments must be supported by full documentation and references should be limited to readily available information. The draft PSD conditions referenced above are not subject to hearings pursuant to 40 CFR Part 124.

Public Hearings Sessions and Issues Conference

Legislative Public Hearing: Legislative hearing sessions to receive unsworn statements from the public on the applications and the draft permits, described above, will be held before Administrative Law Judge Daniel P. O'Connell, at 2:00 p.m. and 7:00 p.m. on October 11, 2001 at the Yaphank Fire Hall, Main Street, Yaphank, New York. As stated above, this hearing is being held on a joint record with the related PSL Article X proceedings. All persons, organizations, corporations, or government agencies which may be affected by the proposed project are invited to attend the hearing and to submit oral or written comments. It is not necessary to file in advance to speak at the legislative hearing. Lengthy statements should be in writing and summarized for oral presentation. Reasonable time limits may be set for each speaker to afford everyone an opportunity to be heard. Equal weight will be given to both oral and written statements. The hearing location is fully accessible to persons with a mobility impairment. Interpreter services shall be made available to deaf persons at no charge upon written request to the Administrative Law Judge, identified above, at least 10 days prior to the hearing, pursuant to the State Administrative Procedures Act.

Issues Conference: A pre-adjudicatory hearing Issues Conference is scheduled to be held at 9:00 a.m. on October 11, 2001 at the Yaphank Fire Hall, Main Street, Yaphank, New York, and continue the next day at the same location, if necessary. At the Issues Conference, the ALJ will determine what issues, if any, require adjudication, and will define the scope of such issues. The Issues Conference may be canceled if no filings for party status are received by the deadline listed below. Participation in the DEC Issues Conference will be limited to the DEC Staff, the Applicant and those persons requesting party status pursuant to 6 NYCRR §624.5 in advance of the Issues Conference. Parties to the related PSL Article X proceeding are not automatically granted full party status, and must file a petition pursuant to 6 NYCRR §624.5 to participate in the DEC Issues Conference. The draft PSD permit conditions referred to above is not subject to an adjudicatory or evidentiary hearing.

Filing for Party Status and Proposed Issues: To participate in the Issue Conference concerning the draft permits identified in this Notice (except the PSD permit), parties must file a written petition requesting party status including the facts intended for presentation pursuant to 6 NYCRR §§624.4(c) and 624.5(b). In addition, any petition must fully identify the proposed party and the name(s) of the person(s) who will act as the party's representative(s), the party's environmental interests, the statutory considerations relevant to the project, whether the request is for full party status or amicus status, and the precise grounds for opposing or supporting the project. Mere opposition to the project is not a sufficient basis to be granted party status.

If seeking full party status, the petitioner must propose issues that could result in permit denial, major modification of the proposed project, or the imposition of significant permit conditions. The petition must identify all statutory and regulatory requirements which may not be met, and explain why. If a party intends to rely upon expert testimony, the petition must also include an offer of proof that specifies the witness(es), the nature of the arguments, any documentary evidence that the party intends to present at the hearing, and the grounds upon which the assertions are based regarding the proposed issues.

For amicus status, the filing must identify the nature of the legal or policy issues to be briefed, and provide a statement explaining why the proposed amicus is in a special position with respect to those issues.

All petitions must be received by October 4, 2001. One copy of any petition requesting either full party status or amicus status must be served upon the following individuals:

  1. Administrative Law Judge Daniel P. O'Connell, Office of Hearings and Mediation Services, NYSDEC, 625 Broadway, First Floor, Albany, NY 12233-1550;
  2. Administrative Law Judge Walter T. Moynihan, Office of Hearings and Alternative Dispute Resolution, NYSDPS, 3 Empire State Plaza, Albany, New York 12223-1350;
  3. Franz Litz, Esq., Senior Attorney, Office of General Counsel, NYSDEC, 625 Broadway, Albany, NY 12233-1500;
  4. Kim Harriman, Esq., Office of General Counsel, NYSDPS, 3 Empire State Plaza, Albany, New York 12223-1350; and
  5. Stephen Gordon, Esq., and Michael Murphy, Esq., Beveridge & Diamond, P.C., 477 Madison Avenue, 15th Floor, New York, NY 10022-5802.

Service by fax is NOT authorized. As previously explained, parties to the related PSL Article X proceeding are not automatically granted full party status with respect to the DEC environmental permits and must file a petition pursuant to 6 NYCRR §624.5 in order to participate in the DEC Issues Conference.

Daniel E. Louis
Chief Administrative Law Judge

August 21, 2001

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