Council on Environmental Quality Meeting Minutes

Minutes of the April 26, 2023, meeting of the Council on Environmental Quality (Council). 

MEMBERS PRESENT: Keith Ainsworth (Acting Chair), Charles Vidich, David Kalafa, William Warzecha, Alicea Charamut, Kip Kolesinskas, and Matt Reiser.

ALSO IN ATTENDANCE: Paul Aresta (Executive Director), Bruce Wittchen (Office of Policy and Management – OPM), and Lisette Stone (Department of Public Health (DPH)). 

1. Call to Order: Establishment of a Quorum
At 9:30 AM, Ainsworth called the meeting to order, took attendance, and confirmed that there was a quorum of Council members present.

2. Approval of Minutes of March 22, 2023
Warzecha made a motion to approve the draft minutes of March 22, 2023; seconded by Kalafa. The motion was approved unanimously.

3. Chair’s Report
Ainsworth noted that there are still no new appointments to the Council.

4. Citizen Comment Period
There were no citizen comments.

5. Citizen Complaints and Inquiries Received

• Aresta reported that he was copied on a few emails regarding concerns about the impacts of the existing and proposed use of the Tweed Airport. He added that the deadline for comments regarding the draft Environmental Assessment was changed from April 16 to May 1.
  
  
• Aresta reported that he received a complaint from a resident of Bloomfield regarding the presence of two bears in the neighborhood. Aresta noted that he reported the bear sighting to the Department of Energy and Environmental Protection (DEEP).
  
  
• Aresta reported that he received an inquiry from a reporter regarding the amount of farmland being preserved by the Connecticut Department of Agriculture (DOA). He responded with information from the 2021 Annual Report.
  
  
• Aresta reported that he received an inquiry regarding the testing of soil for pesticides. He responded by providing contact information for DPH and DEEP.
  
  
• Aresta reported that he contacted the DOA to inquire if the agency had issued a decision about the development rights issue for the property in Sharon. He added that the DOA responded that no decision has been made.
  
  
• Aresta reported that he also contacted DPH regarding the status of the drinking water at the Southeast School in Mansfield. He added that DPH directed him to submit a Freedom of Information Act request for that information.
  
  

Ainsworth noted that DEEP maintains a list of licensed environmental professionals (LEPs) that might be able to assist with the soil testing. Warzecha added that DPH also has a list of state-certified laboratories that perform tests on water and/or soil.

6. Executive Director’s Report

• Aresta reported that the search process for the Council staff position continues, and the goal is to have the position filled within 4-6 weeks.
  
  
• Aresta reported that he hosted another training session for state agencies that use Sitecore to develop notices for the Environmental Monitor.
  
  
• Aresta reported that the Council’s comments regarding DEEP’s request for proposals for clean energy resources were submitted on April 12, 2023.
  
  
• Aresta noted that the land transfer notice template has been revised to more closely align with the Government Administrations and Elections Committee Conveyance Application and the Supplemental Conveyance Questionnaire. He added that the revised land transfer notice template requests additional information on Natural Diversity Data Base (NDDB) areas, aquifer protection area/watershed resources, and historic resources.
  
  
• Aresta noted that the draft annual report is almost complete, which is consistent with the approved schedule. The 2022 annual report will be provided to the Governor’s Office on or before May 5 and released to the public on May 6 or 7. He added that he obtained greenhouse gas emissions data from DEEP to compare it with the data from the Environmental Protection Agency (EPA). He noted that while the overall results are consistent, there are differences in the chart that depicts the calculated emissions from the various sectors, especially in the electric generation sector and that DEEP uses a consumption-based model to calculate the emissions for the electric sector. He added that the zero carbon generation data and chart in the draft annual report does not treat biogenic fuels as zero carbon, but rather the megawatt-hours from those generation resources, such as trash to energy, are considered carbon-based.

7. State Agency Actions 
a. DEEP

• Release-Based Remediation Program – update
  Aresta noted that DEEP held a meeting of the Release-Based Remediation Working Group on April 11 and the presentation slides indicate that the meeting was an opportunity for questions and answers regarding DEEP’s concept paper, and the concept papers produced by subcommittees 9 and 10. He added that the next meeting is scheduled for May 9.
  
  
• Notices of Regulatory Amendments and Revision to the State Implementation Plan (SIP)
  Aresta noted that one of the notices identifies DEEP’s intent to revise the regulations and the SIP, including 1) the definition of “severe non-attainment area for ozone” , which would increase the size of the severe non-attainment area in southwest Connecticut by 43 towns to more closely match the non-attainment area designations of EPA, and 2) the compliance timing provisions in recognition that the change in the definition of “severe non-attainment area for ozone” will bring more sources into the applicability of certain regulations, including nitrogen oxides (NOx). He added that the second notice identifies DEEP’s intent to replace most of the various definitions of “hazardous air pollutant” used in the air quality regulations with a single definition. Aresta noted that no comments are recommended.

b. Connecticut Siting Council (CSC)

• Petition 1565 (energy, East Hampton – Haddam) - Comments recommended
  Aresta noted that he reviewed a proposal by Eversource to modify existing electric transmission lines by replacing a total of 58 structures on the four single-circuit transmission lines that occupy the ROW along approximately 6.2 miles in the towns of East Hampton, Haddam, and East Haddam. He noted that there are 40 structures that need to be replaced due to deterioration and 18 structures that would be replaced as “opportunity structures”. He added that draft comments have been developed that address the provision of best management plans; protection of wildlife; vegetative management; soils; erosion and sedimentation controls; protection of wetlands, watercourses and vernal pools; invasive species; and support for inspections/education. Ainsworth noted that the wooden support structures have historically been treated with chemicals and some farms and sawmills have been using these chemically treated wood structures. Ainsworth added that the use of the chemically treated wood structures might be harmful to public health and the environment, and that the CSC should track the proper disposal of such materials.
  
  
• Petition 1566 (energy, Lebanon – Norwich) - Comments recommended
  Aresta noted that he reviewed a proposal by Eversource to modify existing electric transmission lines by replacing a total of 38 transmission line structures along an approximately 12.5-mile section of the existing ROW in the towns of Lebanon, Bozrah, Franklin and the city of Norwich. He added that draft comments have been developed that address the provision of best management plans; soils; vegetative management; erosion and sedimentation controls; protection of wetlands, watercourses and vernal pools; invasive species; and support for inspections/education. Kolesinskas noted that Lebanon and Franklin have protected farmland and there are specific notice and soil management requirements that should be noted in the comments.
  
  
• Petition 1567 (energy, Norwalk – Weston) – Comments recommended
  Aresta noted that he reviewed a proposal by Eversource to modify electric transmission lines by replacing a total of 34 existing transmission line structures with 40 new structures and the conductor along an approximately 4.0-mile section of the existing ROW in the city of Norwalk and the towns of Wilton and Weston. He added that draft comments have been developed that address the provision of best management plans; soils; vegetative management; erosion and sedimentation controls; protection of wetlands, watercourses and vernal pools; invasive species; and support for inspections/education. Vidich questioned if there would be any construction activities within or proximate to a water feature depicted on the location map. Aresta responded that he would review the site-specific plans.

Vidich made a motion to approve the revised draft comments, with the inclusion of provisions for the proper tracking and disposal of treated wood structures, requirements for protected farmland, and protection of water resources, if applicable, for CSC Petition 1565, Petition 1566, and Petition 1567; seconded by Warzecha. The motion was approved unanimously.

• Docket 515 (telecom, Wilton) - No comments recommended at this time
  Aresta noted that he reviewed a proposal by Verizon to construct a telecommunications facility on property owned by the town of Wilton, located east of the Student Transportation Parking Lot at 180 School Road in Wilton. He added that the facility would consist of a 123-foot-tall monopole that would be disguised as a pine tree, within a 60-foot by 60-foot compound. He summarized the land use and the environmental characteristics of the proposed site.
  
  
• Petition 1561 (fuel cell, Waterbury) - No comments recommended at this time
  Aresta noted that he reviewed a proposal by Bloom Energy to develop a customer-side 350-kilowatt (kW) fuel cell project at Naugatuck Valley Community College at 750 Chase Parkway in Waterbury. He summarized the land use and the environmental characteristics of the proposed site.
  
  
• Petition 1562 (solar, Colchester) – No comments recommended at this time
  Aresta noted that he reviewed a proposal by 524 NLR LLC to construct a 3.99-megawatt (MW) solar photovoltaic electric generating facility to be located at 524 New London Road in Colchester. He summarized the land use and the environmental characteristics of the proposed site. Warzecha commented that there could be pollutants at the proposed site based on its use as a salvage yard.
  
  
• Petition 1563 (fuel cell, Manchester) - No comments recommended at this time
  Aresta noted that he reviewed a proposal by Bloom Energy to develop a customer-side 250-kW fuel cell project at Manchester Community College in Manchester. He summarized the land use and the environmental characteristics of the proposed site.
  
  
• Petition 1564 (fuel cell, New Britain) - No comments recommended at this time 
  Aresta noted that he reviewed a proposal by Bloom Energy to develop a customer-side 2,000-kW fuel cell project at Central Connecticut State University in New Britain. He summarized the land use and the environmental characteristics of the proposed site.
  
  
• Petition 1568 (telecom, Windsor) - No comments recommended at this time
  Aresta noted that he reviewed a proposal by Verizon to modify an existing telecommunications facility located at 440 Hayden Station Road in Windsor by placing their antennas at the 50-foot level of the 96-foot tower and expanding the facility compound by 24 feet by 15 feet to accommodate their equipment pad. He summarized the environmental characteristics of the proposed site.

c. Legislature
Aresta reviewed the list of bills, which the Council provided testimony in support of, that received joint favorable reports from the Environmental Committee at the Legislature. Charamut noted that the education requirements that were included in proposed House Bill 5616 have been included in another proposed bill. Ainsworth also noted that proposed legislation that would impact liability for trees/vegetation is moving forward in the Planning and Development Committee and the proposed bill that would have required the replacement of municipal park land with comparable open space was not addressed in the current legislative session.

8. Other Business 

Ainsworth asked if there were any other items for discussion by Council members. 

Charamut made a motion to adjourn the meeting at 10:29 AM; seconded by Vidich. The motion was approved unanimously.

A recording of this meeting is available here¹ and by email request of the Council (email to: paul.aresta@ct.gov). (Disclaimer: The transcript associated with the meeting recording is computer-generated and may contain typos that have not been edited.)