Completed Applications
Consolidated SPDES Renewals



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

DEC Number: 1-4722-03777/00001

Project Description and Location: Brookhaven Energy Limited Partnership (BELP) applied for a Prevention of Significant Deterioration (PSD) pre-construction permit from the New York State Department of Environmental Conservation (DEC) pursuant to 40 Code of Federal Regulations (CFR) § 52.21 in December 2000 to construct and operate a combined cycle electric generating facility that will produce 580 megawatts (MW). The facility will use natural gas as its exclusive source of fuel. The facility will consist of two Siemans series combustion turbines, two heat recovery steam generators and one steam turbine. The facility will utilize air-cooled condensers to condense the steam turbine exhaust and will have an exhaust stack height of 160 feet.

The project site is located southeast of the Sills Road interchange of the Long Island Expressway (LIE), within the Town of Brookhaven. 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.

Prior Public Notices

The Department of Environmental Conservation ("DEC" or "the Department") published a Notice of Intent to Issue Prevention of Significant Deterioration Permit Conditions in the August 15, 2001 edition of the Environmental Notice Bulletin and in local newspapers. The notice stated 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 PSD contained in 40 §52.21 and §124. The public comment period was open through October 15, 2001. The Department responded to comment on the PSD notice in a document titled Responsiveness Summary to Public Comment on the Astoria Energy LLC Draft PSD Conditions. The Department published a Notice of Final Decision on the PSD permit in the July 24, 2002 Environmental Notice Bulletin. The final permit became effective August 26, 2002.

The Department determined that the project will control emissions of PSD-affected air pollutants with the Best Available Control Technology (BACT) for the following PSD-affected air pollutants: sulfur dioxide (SO2), nitrogen dioxide (NO2), particulate matter (PM & PM10), Carbon Monoxide (CO), and sulfuric acid mist (H2SO4). The DEC staff verified that 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 consume less 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.

Purpose of Current Notice

Pursuant to 40 CFR 52.21(r)(2) and condition III.E of the final PSD permit, the permit granted to Brookhaven Energy LP would become invalid after 18 months of the final determination if the project had not commenced construction or is not granted an extension of the permit. The 18 month period ends on February 22, 2004. However, BELP submitted a request on December 29, 2003 for an extension of the PSD permit. BELP provided details on ongoing negotiations and response to a Request for Proposals (RFP) for a Power Purchase Agreement with LIPA. In addition, BELP provided a showing that the previous BACT determination and the minimal facility impacts have not changed since the final permit was issued.

To assure that the PSD permit will remain in force, DEC staff have made a tentative decision to grant the PSD permit extension. Based on the existence of the ongoing negotiations for the construction of the facility and Brookhaven Energy’s showing of no change to the project’s BACT or impacts, DEC staff conclude that the extension is justified, in accord with 40 CFR 52.21(r)(2). The extension of the PSD permit is for an 18-month period. Until a final decision is made on this extension request the PSD permit approval to construct shall remain valid.

Tentative DEC Staff Position

DEC staff has reviewed the information submitted by Brookhaven Energy LP to support its request for an extension. Staff’s tentative approval to grant the extension is based, in part, on a review of the following factors provided in EPA policy guidance 1) BACT Review: An extension is justified if the BACT determination(s) for the facility covered by the PSD permit remains appropriate. The previous BACT determination for the subject facility’s particulate/PM10, SO2, CO, and sulfuric acid emissions was determined to be the burning of clean fuel (natural gas) with good combustion practices and the use of a CO catalyst. The Department concurs with BELP’s conclusion after its review of the EPA BACT/LAER Clearinghouse that the BACT determination remains current for this gas-burning power plant. 2) Additional PSD Requirements: As provided in EPA guidance, no revised increment analysis or air quality impact modeling is necessary in order to grant the extension since BELP has not changed the project and the project impacts remain insignificant.

Public Comments

DEC invites public comment regarding this tentative determination. DEC’s final determination will be made only after full consideration of all public comment. Statements are to be limited to the specific issue of the PSD permit extension, must be in writing , must be accompanied with adequate supporting information, and must be received by the Department at the below address no later than February 16, 2004.

Department Contact

Comments or requests for file documents or other information should be sent to:

Kevin Kispert, Project Manager
Division of Environmental Permits
New York State Department of Environmental Conservation
625 Broadway, Albany, NY 12233-1750

Positive Declaration And Public Scoping

Nassau County - The Planning Board of the Village of Oyster Bay Cove, as lead agency, has determined that the proposed Redcote Farms preliminary subdivision 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 February 3, 2004 at 8:00 p.m. at East Wood School, Yellow Cote Road, Oyster Bay Cove, NY. The action involves the subdivision of 75.21 acres into 24 single family residential lots. The project is located on the north side of NYS Route 25A/Northern Boulevard, between Yellow Cote Road and Oyster Bay Cove Road.

Contact: A. Thomas Levin, Meyer, Suozzi, English & Klein, 1505 Kellum Place, Mineola, NY 11501, phone: (516) 741-6565.