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Brookhaven Energy LP

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF DETERMINATION TO ISSUE
PREVENTION OF SIGNIFICANT DETERIORATION (PSD) PERMIT

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 to 580 MW 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.

Public Notice: DEC Staff has made a tentative determination that the proposed construction of a 580 MW natural gas-fired combined cycle facility by Brookhaven Energy, L.P., is subject to and satisfies the federal requirements for the prevention of significant deterioration (PSD) contained in 40 CFR §52.21. The following PSD-affected air pollutants will be controlled with the Best Available Control Technology (BACT): sulfur dioxide (SO2), particulate matter (PM & PM10), carbon monoxide (CO), nitrogen oxides (NOx), and sulfuric acid mist (H2SO4). The air emissions resulting from the turbines and generators will be vented through two 160 feet high exhaust stack. The DEC Staff has also verified that the emissions of these PSD- affected air pollutants will not cause, or significantly contribute to, an exceedance of any national primary or secondary ambient air quality standards, and will not consume more than the allowable PSD air quality increments. The projected maximum concentrations of the PSD-affected criteria pollutants are below U.S. Environmental Protection Agency (EPA)-defined significance levels. The facility is also affected by federal New Source Performance Standards (NSPS) at 40 CFR Part 60. In addition to the operating restrictions and emission limitations proposed by the Applicant, which have been incorporated as special permit conditions, DEC Staff has imposed further limitations on the project to ensure compliance with all applicable regulations and requirements, as provided in the "fact sheet" in the administrative record.

Project Location: The facility would be located in Yaphank, off Sills Road on a twenty-eight acre undeveloped parcel of land adjacent to the Long Island Expressway (LIE). The entire 28 acre parcel is under the control of Brookhaven Energy Limited Partnership. The entire project site is zoned for industrial use. The Brookhaven Energy Project is bounded on the west by Sills Road (Suffolk County Route 101), on the east by a Long Island Power Authority (LIPA) transmission line, on the south by the Long Island Railroad (LIRR), and on the north by the Long Island Expressway (LIE).

NYS Public Service Law: This project is subject to review pursuant to New York State Public Service Law (PSL) Article X (Siting of Major Electric Generating Facilities) and requires a Certificate of Environmental Compatibility and Public Need (Certificate) from the New York State Board on Electric Generation Siting and the Environment to construct and operate a 580 MW natural gas-fired combined cycle facility. The Article X application was filed on June 25, 2001.

Other Regulatory Provisions: In addition to the specific regulations cited above, the Article X application is being processed by DEC Staff pursuant to Environmental Conservation Law (ECL) Article 3, Title 3 (General Functions), ECL Article 17 (Water Pollution Control), ECL Article 19 (Air Pollution Control), and Title 6 of the New York Compilation of Codes, Rules and Regulations (6 NYCRR) Part 201 (Permits and Registrations), 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) and Part 621 (Uniform Procedures). A separate notice will be issued concurrently, which will provide an opportunity for the public to comment on the 6 NYCRR Part 201-6.1 Title V, and the State Pollutant Discharge Elimination System (SPDES) draft permits.

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

Tentative DEC Staff Position: DEC Staff has reviewed the PSD application and determined it is complete pursuant to 6 NYCRR Part 621. Staff has determined that all statutory and regulatory criteria can be met through the imposition of special conditions. A draft PSD determination and conditions are being made available for public comment. The emissions limits and special permit conditions imposed on the Brookhaven Energy Project's construction and operations reflect those proposed by Brookhaven Energy in its PSD application (Appendix X of the Article X application, revised June, 2001). A draft PSD determination and fact sheets are available for review.

Public Comments/Appeal Procedure: DEC invites public comment regarding this tentative determination. DEC's final determination will be made only after full consideration of all public comment received. Comments are to be limited to PSD concerns and must be in writing, and must be accompanied with adequate supporting information. The PSD aspects, as noted above, address the proposed emissions of nitrogen oxides (NOx), sulfur dioxide (SO2), carbon monoxide (CO), particulate matter (PM and PM10), and sulfuric acid mist (H2SO4). The public comment period will run from the date of publication of this public notice until October 15, 2001. Written comments about DEC Staff's tentative PSD determination must be filed with the DEC project manager at the address provided below.

The final determination may be appealed administratively within 30 days of Brookhaven Energy's receipt of the final PSD permit determination. Only those persons who file comments on this PSD preliminary determination may petition the EPA Environmental Appeals Board for administrative review of the PSD determination. Persons who fail to file comments may petition for review only to the extent of any changes from the draft to the final permit decision regarding PSD issues. If no comments are received and DEC makes no changes to the PSD determination from the draft to the final decision, no opportunity for further review or appeal will be available.

The procedures for administrative review are defined in the Consolidated Permit Regulations at 40 CFR Part 124. Any such petition for review shall include a statement of the reasons supporting that review and shall adhere to the standards outlined in 40 CFR §§ 124.19(a)(1) and (2).

Upon completion of the administrative review process (if applicable), the final decision will become the final agency action and will be published in the Federal Register. Those who appealed for administrative review may petition for judicial review within 60 days following the final EPA decision.

Document Availability: All filed application materials and the preliminary PSD determination are available for public inspection at the following DEC offices between 9:00 AM and 4:00 PM, Monday through Friday:

(1) NYS Department of Environmental Conservation, Division of Environmental Permits, 625 Broadway, Albany, New York 12233-1750. Contact: Kevin Kispert, Project Manager, at (518) 402-9161; and

(2) NYS Department of Environmental Conservation, Region 1 Headquarters, Division of Environmental Permits, SUNY Bldg 40, Stony Brook, 12750. Contact: John Pavacic or Roger Evans at (631) 444-0365.

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