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July 7, 2008 Roger Evans Dr. Carmine F. Vasile NYDEC SUNY @ Stony Brook 60 Herbert Circle 50 Circle Road Patchogue, NY 11772 Stony Brook, NY 11790-3409 631-758-6271 (Fax: 730-3918) 631-444-0361 RRR # 7003 3110 0001 3032 1221

Comments Pursuant to Legal Notice 1577605 Applicant: Town of Brookhaven; Facility: Brookhaven Landfill & Recycling Area

Application ID 1-4722-00030-00020 Dear Mr. Evans:

In response to the above referenced Legal Notice (Exhibit A), I hereby petition the DEC and EPA to designate the Brookhaven Landfill a Superfund site because it contains more lethal hazardous substances than the Superfund Landfills identified in Table A below, according to Health Assessments for the (i) Islip-Blydenburgh, (ii) Huntington, (iii) North Sea, (iv) Port Washington & (v) Brookhaven Landfills. Table A contains excerpts from sections entitled “Other Superfund Sites” in all but the last LIPA/LILCO Audits. (Relevant excerpts are in Exhibits B-F for your convenience.)

Contaminated Emissions Caused By Illegal Dumping 1. The EPA must bar the issuance of any Title V Facility Permit because toxic emissions caused by illegal dumping of toxic substances in the Brookhaven Landfill cannot comply with applicable requirements of the Clean Air Act or 6NYCRR Part 201. 2. On April 9, 2008 I witnessed testimony about secret sources of illegal landfill contamination by Erik Knudsen, a former LILCO/KeySpan Assistant Control Operator (ACO) at the Northport Power Station (NPS). 3. This testimony was solicited by FERC officials and given during the LIPA Hotline Conference Call noted Footnote #1; an email sent to me, Mr. & Mrs. Knudsen and John McConnell by FERC Attorney David

1 ----- Original Message ----- From: David Tobenkin To: Erik & Denise Knudsen ; John McConnell ; Dr. C.F. Vasile Cc: Demetrios Pulas Sent: Tuesday, April 08, 2008 4:02 PM Subject: LIPA Hotline Conference Call Please find a dial-in number 888-769-8521 for tomorrow’s conference call below, as well as a passcode: 66938 If there are any problems calling in, the best way to reach me will be by email, david.tobenkin@ferc.gov You can also try Deme Pulas, who sits in the office next to me, at 202 502 8676. From: Malaika Abdul-Hamid On Behalf Of IT Support Center Sent: Tuesday, April 08, 2008 2:05 PM To: David Tobenkin Cc: Malaika Abdul-Hamid; Gloria Dickinson; Gloria Cloteykine Subject: Conference Details: TOBENKIN Good afternoon Per your request, the following conference call has been set up for you: MEETING INFORMATION: CONFIRMATION #: 4211123 COMPANY: FERC-1 LEADER: MR DAVID TOBENKIN PHONE #: 1-202-502-6445 SERVICE LEVEL: UNATTENDED CALL ACCESS TYPE: MEET ME # OF LINES: Total=4 Dialout=0 Meet Me=4 Meet Me Toll=0 CALL DATE: APR-09-2008 (Wednesday) CALL TIME: 02:00 PM EASTERN TIME DURATION: 2 hr DIAL-IN NUMBERS: 888-769-8521 PARTICIPANT PASSCODE: 66938 For security reasons, the passcode and the leader's name will be required to join your call. Restrictions may exist when accessing freephone/toll free numbers using a mobile telephone. IN-CONFERENCE FEATURES: All participants must use a touch-tone phone to participate in an Audio Conference. The following features are available for you to use on your phone during an active conference: 1) Press *0 operator assistance (small fee may apply). 2) Press *6 mute/unmute individual line.

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Tobenkin, Esq. We all participated, as well as Peter Quinn, and heard Mr. Knudsen describe how he, his co-workers and wildlife were poisoned by a host of legal and illegal hazardous substances used in the NPS and illegally transported to and fro by land & sea. 4. In the interest of brevity, I hereby insert the February 2008 Complaint Summary by Administrative Judge Gerald based on inside information provided by Mr. Knudsen and others. It’s opened by the 1st hyperlink in ¶A-7 @ www.gfxtechnology.com/LLL.html. Exhibit B is a copy of this Web page for your convenience. 5. According to a 2004 letter opened by the 2nd link in ¶A-7, the DEC Commissioner knew of a toxic-plume traveling beneath a Soccer Field from the NPS, but failed to order remediation or protect the children pursuant to the Superfund Legislation (42USC §9601 et seq, CERCLA), or make polluters pay pursuant to 42USC §9601, §107(a). 6. Yet, in December 2006 a Lame-Duck Attorney General, Spitzer, NYSDEC Commissioner Sheehan and as Trustee of its Natural Resources (together with the State), commenced a CERCLA action against the Long Island Lighting Company d/b/a LIPA/KeySpan Corporation, County of Suffolk and other nefarious polluters for contaminating the North Sea Superfund Landfill. (Exhibits E & F; quote from E-2) 7. Such selective prosecution is an illegal betrayal of their duties to protect our Natural Resources. 8. Therefore, the Public remains at risk and DEC should never have “made a tentative determination to issue a renewal of the existing Air Title V permit for this facility.” (Quote from Exhibit A)

Erik Knudsen’s Testimony To FERC Is Relevant 9. Mr. Knudsen’s testimony to FERC is a key element of these comments because one of the most toxic substances illegally dumped in the Brookhaven Landfill is Vanadium and its toxic compounds. 10. The mere presence of Vanadium indicates more lethal substances because of its source – contaminated oil-products bought by KETS and paid for by Long Island Power Authority; owner of a major Landfill Polluter: the Long Island Lighting Company d/b/a LIPA/KeySpan Corporation. 11. Upon information and belief, hair analyses of Mr. Knudsen and his co-workers show concentrations of Vanadium and the other toxic metals listed in Exhibits C & D. (What do Landfill workers’ hair analyses show?) 12. This unique combination represents a “smoking gun”; implicating LILCO and its two DBA’s LIPA & KeySpan, KETS and National Grid in and illegal smuggling/dumping racket in violation of CERCLA.

Obsolete Brookhaven Landfill Health Assessment [a/k/a Consultation] 13. On June 9, 2008 Dr. Greg Ulirsch, ATSDR/DHAC/CAPEB had several Landfill Assessments sent to me, which were uploaded and linked to www.gfxtechnology.com/LLL.html. 14. Exhibit B indicates its Section A also contains links to pleadings from two Superfund Lawsuits pending in Federal Court. ¶A-4 contains a link entitled “HAZMAT Tables: Brookhaven Landfill & 4 Superfund Landfills: Huntington, Islip, Southampton, North Hempstead”, which opens a file containing toxic substance Tables from each of the Assessments listed in ¶¶B1-5. 15. These Tables identify toxic heavy metals such as Cadmium, Chromium, Mercury and Nickel in all 5 Landfills, but the Brookhaven & Huntington Landfills also contain the extremely rare element: Vanadium and it toxic compounds. (Exhibits C & D) 16. Of the two, the Brookhaven Landfill is the most contaminated because it also contains toxic substances illegally transferred from the Lawrence Aviation Superfund site; including titanium dust (a/k/a pixie dust), which is spontaneously-combustible and has already caused or contributed to a Landfill-fire and the release of unknown toxic emissions in violation of the Clean Air Act & 6NYCRR Part 201. 17. Sheehan, Spitzer, and the US Attorney for the Eastern District of NY know this because they sued many polluters in several CERCLA cases: State of New York v. Hicky’s Carting, et al, EDNY #CV-01-3136; State of New York et al v. National Service Industries et al, EDNY #CV-99-2745; USA v. Lawrence Aviation, EDNY #CV-06-4818, State of New York, et al v. Arthur M. Lane, et al, EDNY #CV-06-6650; hereinafter the “Islip”, “NSI”, “LA”, and “North Sea” cases, respectively. 18. Exhibits E-1 & -2 contain excerpts from a Consent Decree filed 12/28/06 and the underlying Complaint dated 12/15/06 for North Sea case; confirming Sheehan, Spitzer, County Executive Levy, his Deputy Kevin Law and other County officials knew the Long Island Lighting Company d/b/a LIPA/KeySpan Corporation & County of Suffolk were among this State’s worst polluters. Did your Commissioners tell you? 19. With the Islip case pending, these scoundrels partially-settled the North Sea then illegally pass off remediation & legal costs onto ratepayers & taxpayers in violation of the CERCLA §107(a). 20. According to Table A, row 2, col. 2, the LIPA/KeySpan split appears to be 53.6 - 46.4%, with the Long Island Power Authority’s Ratepayers paying the lion’s share although the Authority owns no power plants!

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Illegal Judge-Shopping 21. Exhibit F contains copies of the two Civil Cover Sheets, side-by-side, used to commence the Islip CERCLA case on May 17, 2001 and the related North Sea CERCLA case on December 15, 2006. 22. The latter was commenced by filing a fraudulent Civil Cover Sheet that was required to cite related cases; especially the Islip case pending before Judge Mishler since 2001. 23. Instead of warning the Public to keep out of these Landfills, Spitzer and Sheehan illegally Forum-Shopped by filing the fraudulent Civil Cover Sheet dated December 15, 2006. 24. Had Sheehan and Spitzer not engaged illegal Judge-Shopping, the Federal Court Clerk would have assigned the North Sea case to Judge Mishler in accordance with rules to prevent such illegal acts. 25. Why Sheehan and Spitzer didn’t want Judge Mishler should be investigated, given Spitzer resigned after being caught engaging in other illegal activities; not Forum-Shopping suborned by Sheehan, Levy and others. 26. Sheehan and Spitzer also violated the Public Trust in failing to file a CERCLA-lawsuit against polluters of the Brookhaven Landfill before the Mishler Court. 27. Therefore, the current Attorney General and DEC Commissioner must act swiftly to protect the Public by commencing CERCLA actions against polluters of the Brookhaven Landfill and recommend that the EPA bar the renewal of the Title V Facility Permit for the Brookhaven Landfill.

No Public Health Action Plan (PHAP) For Brookhaven Landfill 28. A Public Health Action Plan (PHAP) would have identified health risks that a CERCLA-lawsuit may have uncovered, as well as those missed in the Brookhaven Landfill Health Assessment dated November 29th 2005, which indicates test wells were drilled in the wrong locations. 29. But Kevin Kispert rejected my request for a PHAP during a conference call with Dr. Greg Ulirsch in 2006. 30. Consequently, there may not be a 5-year EPA review until November 29th 2010; too late for the EPA to take actions to protect the Public. 31. Neither the US & NYS Attorneys General, nor the DEC Commissioner sued polluters that contaminated the Brookhaven Landfill or used the Superfund Legislation to protect the Public. 32. Consequently, the Brookhaven Landfill has not been capped or remediated and remains a serious health hazard to Landfill workers and the Public entering or living near this toxic dumping ground. 33. In fact, my personal physician (Dr. Shah) told me patients of hers working in the Brookhaven Landfill have recurring infections caused by heavy metal poisoning. She advised them to quit, but they don’t want to give up high-paying jobs, she said. 34. Therefore, it would be unconscionable for the EPA to allow renewal of the Brookhaven Landfill’s Title V Facility Permit.

Control Flare Has Unknown Toxic Emissions in Addition to H2S 35. The Hydrogen Sulfide control system added to reduce H2S concentrations in landfill gas collected prior to burning in the control flare to reduce sulfur dioxide from the Brookhaven Landfill is not equipped to handle neurotoxins from illegally dumped HAZMATs; especially those from the Lawrence Aviation Superfund site, National Grid’s power plants, and Caithness after it starts burning oil. 36. Upon information provided by FERC and Mr. Knudsen, KeySpan Energy Trading Services (KETS) supplies contaminated oil to all power plants having agreements with LIPA. 37. LIPA then charges Ratepayers for their own poison in illegal surcharges n/k/a power supply charges. 38. Upon information and belief, Judge Lynch sent copies of his Complaint Summary to the DEC Commissioner and other NYS officials. 39. If they do their jobs, the NPS and Brookhaven Landfill Title V permits will be revoked.

Smoking Guns: Vanadium In Brookhaven & Huntington Landfills 40. As you know, Vanadium is an extremely rare element; often found concentrated in economically recoverable amounts in carbo-flyash produced in oil-fired power plants. 41. Health assessments for other Landfills (Islip, North Sea & Port Washington) do not indicate Vanadium-contamination; either because the test wells were drilled in the wrong locations, or oil-flyash wasn’t illegally dumped in them. 42. You also know the large deposits of Vanadium shown in Exhibits C & D had to come from illegally dumped carbo-flyash in the Huntington & Brookhaven Landfills. (See Judge Lynch’s Summary) 43. According to page 6 of the Huntington Assessment, it served as a Transfer Station for the Smithtown Landfill, which may also have Vanadium. I don’t have assessments for either the Smithtown or Babylon

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Landfills, so it would be prudent for the EPA & DEC to check this out and keep the Public out if these Landfills are also contaminated by Vanadium and its toxic compounds.

Violated Waste-Oil Permits Increase Landfill Contamination 44. Title V Air Permits for the NPS allow on-site waste oil and waste-oil from other power plants to be burned. 45. Mr. Knudsen informed FERC and Judge Lynch that contaminated waste oil from other sources was also burned at the NPS; in violation of its Title V Air Permits. 46. Alleged illegal sources of toxic oils include Jiffy Lube, Quick Lube and liquids transferred to barges from foreign tankers. 47. As you know, bunker oil is not explosive, yet a NPS worker was killed in an explosion of a barge, as discussed by Judge Lynch. This fact alone confirms Mr. Knudsen’s allegations that the owners of the NPS violated their Air Permits because the barge had to have been carrying bunker oil contaminated by an explosive substance. 48. To our surprise, FERC Hotline Captain Pulas also questioned Mr. Knudsen about contaminated oil from China; in addition to oil rejected by Con-Ed. In his response, Mr. Knudsen indicated he didn’t know if contaminated Chinese oil was burned; only that contaminated oil from other parts of the world were routinely burned at the NPS and that oil tankers and barges are not required to carry a Material Safety Data Sheet (MSDS). 49. Therefore, no one knows what neurotoxins have been emitted from the NPS, control flares & Landfill gas-vents at the Brookhaven Landfill, but it takes no genius to envision a scenario in which a Terrorist laces an oil-tanker or barge with neurotoxins to kill American power plant workers, nearby residents, Landfill workers and residents that dump their own garbage in the Brookhaven Landfill to save money. 50. As you know, flyash from contaminated bunker oil and other oil-like products will introduce toxic emissions in the Landfill’s control flare & vents; in violation of the Clean Air Act & 6NYCRR Part 201.

New Landfill Cells Should Be Prohibited 51. President Clinton signed into law on April 5, 2000 a bill prohibiting the construction or establishment of municipal solid waste (MSW) landfills within six miles of small airports. The Federal Aviation Administration (FAA) defines small airports as those serving general aviation aircraft with regularly scheduled flights for 60 passengers or less. (http://findarticles.com/p/articles/mi_hb5059/is_200005/ai_n18428902) 52. If this law doesn’t apply, it should be amended to prohibit new cells at the Brookhaven Landfill that are within six (6) miles of the Broohhaven-Calabro Airport, even if the old cells are remediated and capped.

FAA Safety Violations Too 53. The Brookhaven Landfill is an extended obstruction that requires a special navigational lighting system, according to FAA Hazard Specialist Katie Venticinque -- who also told me the existing system is illegal. 54. Exhibit G is a copy of an April 1st 2007 Complaint to the FAA by James Pearsall; citing proof that Caithness officials filed a false FAA Form 7460-1. As Intervenors in PSC Case #05-E-0098, Tom Bermel and I raised these issues before the NYPSC; also to no avail. John McConnell and I also filed similar complaints to FBI Agent Hansen. Venticinque & Hansen said our complaints were referred to FAA investigators. 55. According to Pearsall, Venticinque & Hansen, no response has been received from any FAA-investigator. 56. Therefore, not only do toxic emissions from the Brookhaven Landfill endanger the Public, they endanger pilots and passengers in low-flying planes; even if the don’t crash because the current navigational light is not approved by the FAA. 57. I trust our Attorney General, you and your Commissioner will not also suborn FAA violations, illegal dumping of toxic substances and frauds on the Federal Court as did Spitzer, Sheehan, Levy, etc.

Conclusion It’s presently unknown what contaminants are in carbo-flyash and other toxic substances illegally dumped

in the Brookhaven Landfill in addition to toxic substances from the Lawrence Aviation Superfund site, or what will soon be added by the Caithness power plant. Given the Brookhaven Landfill is one of the most contaminated on Long Island, its existing Air Title V Permit should not be renewed under any circumstances. Current toxic emissions from the Brookhaven Landfill cannot comply with applicable requirements of the Clean Air Act or 6NYCRR Part 201. The EPA & DEC should issue emergency orders declaring it a Superfund site, ban the Public from entering this Landfill, and mandate protective clothing & respirators for Landfill workers.

Yours truly,

Dr. Carmine F. Vasile

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Table A2 Excerpts From 2004, 2006 & 2007 Audits of LILCO & LIPA Reveal Violations of Superfund Legislation

Notice of Fraud by KPMG, NYSAG & Audit Committee Sections in 2001 to 2006 Audits entitled Other Superfund Sites prove fraud, deceit, collusion and a conspiracy to violate the Superfund Legislation by NYS Attorney General Spitzer, KPMG and LILCO d/b/a LIPA Audit Committee members that approved the 2007 Audit knowing KPMG omitted Landfill Superfund issues noted in every previous Audit. Audit Committee Members identified in Audit summary dated March 27, 2008 are: Kevin Law (CEO of LILCO & LIPA), Lynda Nicolino (then Acting General Counsel), Elizabeth McCarthy (CFO), Kenneth Kane (Comptroller) & Corey Horowitz (Director of Risk Management).

2004 Audit (pg. 53) <www.lipower.org/pdfs/company/investor/lipa_financials2004.pdf>

(Notes Request for Information by AG Spitzer that LIPA failed to provide) Other Superfund Sites. The Attorney General is in negotiations with LIPA and other parties to achieve settlements at two of three municipal landfills where LILCO allegedly disposed of hazardous substances. The landfills are located in Towns of North Hempstead (the Port Washington Landfill) and Southampton, (the North Sea Landfill). [EDNY Case #CV-06-6650] The other municipal landfill where LILCO allegedly disposed of hazardous substances is in the Town of Huntington (the East Northport Landfill). All three landfills have been remediated and the Attorney General is seeking to recover the monies spent by the State in remediating the sites. The East Northport Landfill site was settled with the parties, resulting in an Order on Consent issued by the Attorney General on October 29, 2004. LIPA's share of the settlement was $173,800. The other two sites are still open and the subject of tolling agreements to extend the statute of limitations so that the State does not have to initiate litigation in order to achieve settlements with the various parties. LIPA's share of alleged liability at each site has not been established. LIPA was also served with an Request for Information by the Attorney General seeking information related to LILCO's activities at the Babylon Landfill Site in the Town of Babylon between 1946 and 1992. LIPA has responded to that request even though the statute of limitations has run against the Attorney General for seeking recovery against LIPA. The other potentially responsible parties who have signed tolling agreements could, however, bring an action against LIPA if they are sued by the Attorney General.

2006 Audit (pg. 54) <www.lipower.org/pdfs/company/investor/lipa_financials2006.pdf>

(Indicates LIPA failed to respond Requests for Information by AG) Other Superfund Sites. On February 2, 2007, LIPA settled the North Sea Landfill site in the Town of Southampton in an Order on Consent with the Attorney General. LIPA's share of the settlement was $169,206. [EDNY Case #CV-06-6650] The Attorney General is in negotiations with LIPA and other parties to achieve settlements at two other municipal landfills where LILCO allegedly disposed of hazardous substances. The landfills are located in Towns of North Hempstead (the Port Washington Landfill) and Islip (the Blydenburgh Landfill). [EDNY Case #CV-01-3136]. At the Port Washington Landfill, LIPA has signed a number of tolling agreements to extend the statute of limitations so that a settlement can be reached before the initiation of litigation by the Attorney General. At the Blydenburgh Landfill, LIPA was sued in June 2006 by four third-party plaintiffs who had been sued by the Attorney General. The litigation is currently stayed pending settlement negotiations. [EDNY Case #CV-01-3136] LIPA was also served with a Request for Information by the Attorney General seeking information related to LILCO's activities at the Babylon Landfill Site in the Town of Babylon between 1946 and 1992. LIPA has responded to that request even though the statute of limitations has run against the Attorney General for seeking recovery against LIPA. The other potentially responsible parties who have signed tolling agreements could, however, bring an action against LIPA if they are sued by the Attorney General.

2007 Audit (pg. 54) <www.lipower.org/pdfs/company/investor/lipa_financials2004.pdf>

(Proof of Fraud; Other Superfund Sites & Landfill-Litigation Begun in June 2006) National Grid is responsible for all liabilities arising from all manufactured gas plant operations (MGP Sites), including those currently or formerly operated by KeySpan or any of its predecessors, whether or not such MGP Sites related to the Transferred Business or the Retained Business. In addition, KeySpan is liable for all environmental liabilities traceable to the Transferred Business and certain scheduled environmental liabilities. Environmental liabilities that arise from the nonnuclear generating business may be recoverable by KeySpan as part of the capacity charge under the PSA. LIPA is responsible for all environmental liabilities traceable to the Retained Business and certain scheduled environmental liabilities. Environmental liabilities other than those related to MGP sites that existed as of the date of the Merger that are untraceable, including untraceable liabilities that arise out of common and/or shared services have been allocated 53.6% to LIPA and 46.4% to KeySpan, as provided for in the Merger. Environmental Matters Retained by LIPA Superfund Sites - Under Section 107(a) of the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, also commonly referred to as the Superfund Legislation), parties who generated or arranged for disposal of hazardous substances are liable for costs incurred by the Environmental Protection Agency (EPA) or others who are responding to a release or threat of release of the hazardous substances.

2 Related EDNY Cases: State of New York v. Hicky’s Carting, et al, #CV-01-3136; State of New York et al v. National Service Industries et al, #CV-99-2745; USA v. Lawrence Aviation, #CV-06-4818, State of New York, et al v. Arthur M. Lane, et al, #CV-06-6650.