ENB - REGION 1 NOTICES

        
Completed Applications Consolidated SPDES Renewals
Prevention of Significant Deterioration

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 __DATE__. 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:

Negative Declaration

Suffolk County - The Planning Board of the Incorporated Village of Port Jefferson, as lead agency, has determined that the proposed Fairfield Properties will not have a significant adverse environmental impact. The action involves addition of gravity precast retaining walls. The project is located on the northeast corner of Dark Hollow Road and the Long Island Railroad right-of-way, Port Jefferson, New York.

Contact: Burton Pollack, 88 North Country Road, Port Jefferson, New York 11777, phone: (516) 473-4744.


Suffolk County - The Planning Board of the Town of Huntington, as lead agency, has determined that the proposed Huntington Square Plaza will not have a significant adverse environmental impact. The action involves construction of commercial retail buildings containing approximately 128,725 gross square feet of area. The action also involves ingress/egress improvements to the existing Huntington Square Mall property, shared parking improvements between the Huntington Square Plaza and Huntington Square Mall properties, and southbound turning lane improvements on the Jericho Turnpike at the intersection of Jericho Turnpike and Larkfield Road. The project is located on the south side of Jericho Turnpike, 1,100 feet west of Larkfield Road in East Northport.

Contact: Richard Machtay, Planning Department, Huntington Town Hall, 100 Main Street, Huntington, NY 11743, phone: (516) 351-3196.


Positive Declaration

Suffolk County - The Planning Board of the Town of Huntington, as lead agency, has determined that the proposed Emerald Estates may have a significant adverse impact on the environment and a Draft Environmental Impact Statement must be prepared. The action involves a modified subdivision of a 10.88 acre property in order to construct six single family homes. The site is approximately 2400' in length by 200' in width. The subject parcel is located on the south side of Clay Pitts Road, 749.95 feet west of Kenneth Avenue in the Hamlet of Greenlawn.

Contact: Richard Machtay, Town of Huntington Planning Board, 100 Main Street, Huntington, New York 11743, phone: (631) 351-3196.


Suffolk County - The Town Board of the Town of Babylon, as lead agency, has determined that the proposed Site Plan/Rezone Application No. 2000-69AE, Belmont Villas may have a significant adverse impact on the environment and a Draft Environmental Impact Statement must be prepared. The action involves a change of zone from Ga Industry to Senior Citizen Multiple Residence(SCMR) on 20.65 acres of a 22.31 acre parcel, and the construction of 172 SCMR units on a portion of the site and associated improvements. The project is located on Wyandanch Avenue and Governor Avenue in the Town of Babylon.

Contact: Richard Groh, and Joseph Guarino, Town of Babylon, Department of Environmental Control, 281 Phelps Lane, North Babylon, New York 11703-4045, phone: (631) 422-7640.


Positive Declaration And Public Scoping

Nassau County - The Planning Board of Inc. Village of Muttontown, as lead agency, has determined that the proposed Subdivision Application of Kirby Hill Associates may have a significant adverse impact on the environment and a Draft Environmental Impact Statement must be prepared. A public scoping session will be held on August 16, 2001 at 8:00 p.m. at Muttontown Village Hall, 1763 Route 106, Syosset, New York. The action seeks approval to subdivide a 148.48 acre parcel into 80 lots as shown on the plat entitled "Site Master Plan for Hamlet Estates at Kirby Hill..." prepared by Cameron Engineering and Associates, LLP, dated December 2000 and last revised May 2001. Said property is located on the eastern side of Kirby's Lane and the northern side of N.Y.S. Route 25, Town of Oyster Bay, Village of Muttontown, designated as Section 15, Block A, Lots 10A & 10E on the Land and Tax Map of Nassau County, and in the Village’s E-3 (3 Acre) and A-3 (1/2 Acre) zoning districts. The project is located on the north side of NYS Route 25 and east side of Kirby's Lane, Town of Oyster Bay.

Contact: Peter P. MacKinnon, 147 Forest Avenue, Locust Valley, New York 11560, phone: (516) 676-4600.


Notice of Acceptance of Draft EIS And Public Hearing

Nassau County - The Board of Trustees of the Village of Sands Point, as lead agency, has accepted a Draft Environmental Impact Statement on the proposed Elevated Water Storage Tank in the Village of Sands Point. A public hearing on the Draft EIS will be held on August 14, 2001 at 8:00 p.m. at 26 Tibbits Lane, Sands Point, New York. Written comments on the Draft EIS will be accepted until August 24, 2001. The action involves the proposed location and construction of a one million gallon elevated water storage tank. The original proposed action was for the water department property on Governor’s Lane. The DEIS has identified the Nassau County owned Sands Point Preserve property as a preferred alternative and recommended the removal of the existing 100,000 gallon tank presently located in the Preserve. The project is located in Sands Point.

Contact: Linda Mitchell, 26 Tibbits Lane, Sands Point, N.Y. 11050, phone: (516) 883-3044.


Nassau County - The Board of Appeals of the Village of Lake Success, as lead agency, has accepted a Draft Environmental Impact Statement on the proposed Application of the Jain Center of America, Inc. A public hearing on the Draft EIS will be held on September 24, 2001 at 8:00 p.m. at the Incorporated Village of Lake Success, Courthouse/Police Complex, 15 Vanderbilt Drive, Great Neck, New York. Written comments on the Draft EIS will be accepted until October 5, 2001 at 4:30 p.m. The Jain Center of America, Inc. is seeking to construct a temple on a 4.54 acre property situated on the north side of the North Service Road of the Long Island Expressway between Lakeville Road and Community Drive, Incorporated Village of Lake Success. The temple is proposed to have 24,917 square feet of gross floor area with a common access among this temple and two proximate properties proposed for development by the Korean Church of Brooklyn and North Shore Hebrew Academy. A portion of the subject property was formerly used as a gasoline service station with another portion being an abandoned residential subdivision. The project is located on the north side of North Service Road of the Long Island Expressway between Lakeville Road and Community Drive, Incorporated Village of Lake Success.

Contact: Carol Pogrell, Incorporated Village of Lake Success, 3000 Marcus Avenue, Suite LL 02, Lake Success, New York 11042, phone: (516) 482-4411.