Completed Applications Consolidated SPDES Renewals
Notice of Final Determination to Issue Prevention of Significant Determination (PSD) Permit

Applicant: Brookhaven Energy LP
65 Boston Post Road West, Suite 300
Marlborough, MA 01752

Facility: Brookhaven Energy Project

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

Prior Public Notice

The Department of Environmental Conservation ("DEC" or "the Department") published a Notice of Intent to Issue Prevention of Significant Deterioration Conditions in the August 15, 2001 edition of the Environmental Notice Bulletin (and in local newspapers) stating that DEC had made a tentative determination that the proposed construction and operation of a 580 megawatt combined-cycle electric generating facility was subject to and satisfied federal requirements for Prevention of Significant Deterioration (PSD) contained in 40 CFR Part 52.21. The public comment period was open through October 15, 2001. Comments were received only from the applicant. The Department has incorporated some of the comments in the permit conditions and has prepared responses to public comment on the PSD notice, entitled Brookhaven Energy Project - Responsiveness Summary - Response to Comments on the draft Prevention of Significant Deterioration (PSD) permit, which is available upon request pursuant to this notice. The applicant will receive copies of the Permit and Responsiveness Summary.

Final Determination

The Department has revised the draft PSD permit as detailed in the Responsiveness Summary. The Department determined that the project will control emissions of PSD-affected air pollutants, in this case sulfur dioxide (SO2), particulate matter (PM & PM10), carbon monoxide (CO), nitrogen oxides (NOx), and sulfuric acid mist (H2SO4), with the Best Available Control Technology (BACT). The Department also verified that the emissions of these PSD-affected air pollutants will not cause or significantly contribute to the exceedance of National Primary or Secondary Ambient Air Quality Standards, and will not consume more than the allowable PSD air quality increments. Accordingly, a final PSD permit is being issued by DEC in accordance with 40 CFR Part 124 requirements. Pursuant to 40 CFR §124.15, the permit will become effective 33 days from the issuance of this notice of the Department’s final decision, barring any appeals.

Appeal Procedure

Pursuant to the Consolidated Permit Regulations found at 40CFR §124.19, any persons or parties who filed comments on the draft PSD permit may petition the United States Environmental Protection Agency (USEPA) Environmental Appeals Board to review any condition of the permit decision. Any person who failed to file comments on the draft permit may petition for administrative review only on changes made from the draft to the final decision. Any such petition for review must be made within 30 days of service of notice of the final decision and 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). All pleadings filed by mail must be addressed to the Environmental Appeals Board, MC 1103B, United States Environmental Protection Agency, 401 M Street, SW, Washington, DC 20460.

Upon completion of any administrative review process by the Environmental Appeals Board, the final decision will become the final agency action and will be published in the Federal Register. In addition, those who appeal for administrative review may further petition for judicial review within 60 days of the Federal Register date.

For a copy of the final permit decision or additional information on the appeals procedure contact: Kevin Kispert, Project Manager, Division of Environmental Permits, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-1750, phone: (518) 402-9161.

Public Scoping Session

Suffolk County - The Town of Southold Planning Board, as lead agency, will hold a public scoping session for the Draft Generic EIS for the Hog's Neck Peninsula. The public scoping session will be held on Thursday, August 15, 2002 at 3:00 p.m. at the Town of Southold Town Hall.

Contact: Town of Southold Planning Board, PO Box 1179, Town Hall, 53095 State Route 25, Southold, NY 11971-0959, phone: (631) 765-1938, fax: (631) 765-3136.

Negative Declaration

Suffolk County - The Town of East Hampton Planning Board, as lead agency, has determined that the proposed Schellinger Farm Multiple Business Complex will not have a significant adverse environmental impact. The action involves the renovation and restoration of three buildings comprising the historic Schellinger Farm Complex located on Main Street in Amagansett into commercial office space and to construct a 30 space parking area. The existing access will be realigned and a number of walkways will also be constructed. The project is located on Main Street in Amagansett.

Contact: Sheila Downs, Town of East Hampton Planning Board, PO Box 6100, Hauppauge, NY 11788-0099.

Notice of Acceptance of Final EIS

Suffolk County - The Riverhead Town Board, as lead agency, has accepted a Final EIS on the proposed Glenwood Oaks Section 2. The action involves the expansion of an existing mobile home park by the construction of 99 new units on adjacent real property located between State Route 25 and County Route 58, Riverhead. The project is loated south of Old Country Road, approximately 1,100 ft. east of Kroemer Avenue, Riverhead.

Contact: Richard Hanley, Town of Riverhead Planning Department, 200 Howell Avenue, Riverhead, New York 11901, phone: (516) 727-3200, Ext. 239.