Council on Environmental Quality Meeting Minutes

Minutes of the August 28, 2024, meeting of the Council on Environmental Quality (Council) held via Zoom.

MEMBERS PRESENT: Keith Ainsworth (Acting Chair), Charles Vidich, Christopher Donnelly, Derek Phelps, David Kalafa, Aimee Petras, Denise Rodosevich, and William Warzecha (remote).

ALSO IN ATTENDANCE: Paul Aresta (Council - Executive Director), Ryan Carboni (Council - Environmental Analyst), Jordan DiDomenico (Department of Energy and Environmental Protection (DEEP)), Justine Phillips-Gallucci (Office of Policy and Management (OPM)), Bruce Wittchen (OPM), and Becca Dahl (OPM).

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. Chairs Report

Ainsworth introduced Aimee Petras and welcomed her to the Council. Petras provided a brief summary of her experience.

3. Approval of Minutes from July 24, 2024

Vidich made a motion to approve the draft meeting minutes from July 24, 2024; seconded by Warzecha. The motion was approved unanimously with Petras abstaining because she was not a Council member at the last meeting.

4. Citizen Comment Period

No members of the public spoke.

5. Citizen Complaints and Inquiries Received

• Carboni reported that the Council received a complaint about environmental conditions from vehicles in Meriden. Carboni referred the complaint to the city of Meriden’s Health Department.

• Carboni reported that the Council received an inquiry about a nuisance bear that was near a resident’s house. Carboni contacted the resident and provided the appropriate contact information for the Wildlife Division at DEEP and the 24-hour dispatch in case of an emergency.

6. Executive Director’s Report

• Annual Report
  Aresta noted that a subcommittee of Council members met last week to discuss the miniature beverage containers (nips) survey and the possible format for the 2024 annual report. Aresta added that the subcommittee suggested revising the survey to inquire what percentage of the funds were expended for the various measures in fiscal year 2023-2024, how effective the program is, and if there are any suggestions for program refinement. Donnelly suggested revising the survey to reduce confusion.

•  Ozone
  Aresta noted that in July 2024, the Environmental Protection Agency (EPA) approved requests to reclassify the Connecticut (CT), New York (NY), and New Jersey (NJ) non-attainment area and the Greater CT non-attainment area from moderate to serious for the 2015 8-hour ozone National Ambient Air Quality Standards (NAAQS). Aresta suggested that it might benefit the Council if a representative from DEEP’s Air Bureau would provide a brief overview of the ozone problem and the consequences of not meeting the NAAQS for ozone. Vidich questioned the regulatory/legal status of states to the south and west of CT that might be contributing to CT’s ozone problem.

7. State Agency Actions

a. DEEP

• Release-Based Clean Up Program Regulation – Update
  Carboni reported that comments regarding the drafted Release-Based Clean Up Program Regulations (RBCR) are due October 24. He noted that DEEP held two workshops on August 6 and 15, and two more workshops are scheduled for September 9 and 16. Carboni summarized the provisions of the RBCR that addressed PFAS and road salt. He added that the commissioner would still have the ability to 1) issue an order to each person who created or is maintaining such source to remediate the source of such release, and 2) require that potable drinking water be provided to all persons affected.

• Draft Hydrogen Roadmap
  Aresta reported that DEEP recently released a draft Hydrogen Roadmap and is soliciting comments. He added that the primary purpose of the Draft Roadmap is to identify the main drivers of and barriers to clean hydrogen production and adoption as an energy carrier and to understand how clean hydrogen compares with incumbent technologies and other low-carbon alternatives. He summarized the draft comments that included support for the development and use of clean hydrogen and consideration of environmental justice principles. He further added that the draft comments also recommend that DEEP include analyses for light-duty trucking or light duty vehicles, combined heat and power, and low and medium temperature heat end uses. Vidich and Phelps expressed support for the draft comments. Phelps commented on CT’s policies regarding hydrogen, the federal support and incentives related to hydrogen, and the definition of “clean” hydrogen.

• General Permit for the Discharge of Dewatering and Remediation Wastewaters (General Permit)
  Aresta reported that DEEP released the draft General Permit that applies to discharges of dewatering and remediation wastewaters to publicly owned treatment works (POTWs) or surface waters provided the discharge meets the requirements and conditions contained in the General Permit. Aresta summarized the major changes to the draft General Permit and noted that draft comments have been developed that address various provisions of the draft General Permit. Vidich suggested adding trucking as a wastewater disposal option. Rodosevich suggested adding aquifer protection areas (APAs) to the information requirements for the site plan. Aresta responded that he would revise the Council’s comments to 1) add trucking as a wastewater disposal option, and 2) require information for APAs on the site plan.

• Forest Management Plan (FMP) for The Preserve State Forest (TPSF)
  Aresta reported that DEEP released the draft FMP for TPSF, which spans over 900 acres, in the towns of Old Saybrook and Westbrook. Aresta added that draft comments have been developed that include recommendations to designate more area as “old forest”, address potential impacts to Tier I vernal pools, and address the potential need for an emergency plan. He added that a unique component of this FMP is the identification of sensitive environmental resources and the designation of “core protected areas”. Donnelly discussed DEEP’s policy of designating forest land as “old forest” and suggested that the reason the acreage designated as “old forest” in the FMP for TPSF is lower than ten percent could be because TPSF is a relatively new forest.Kalafa made a motion to approve the Council’s comments for the Draft Hydrogen Roadmap, the General Permit with the suggested changes, and the FMP; seconded by Vidich. The motion was approved unanimously.

 b. Connecticut Siting Council (CSC)

Comments recommended:

•  Docket 525 (solar, Stonington)
  Aresta reported that Council staff reviewed a proposal from Greenskies Clean Energy LLC to develop and operate a 4.75-megawatt (MW) ground-mounted photovoltaic (PV) facility to be located in North Stonington and Stonington. He summarized the environmental characteristics of the proposed site and facility and noted that draft comments have been developed that address farmland soils, wetlands and vernal pools, wildlife, water protection, and spill prevention.
  
  Ainsworth noted that Kalafa left the meeting at approximately 10:25 AM and there was still a quorum of Council members present.
  
  Rodosevich expressed concern about the cumulative impacts of the proposed project. Ainsworth suggested that the draft comments could be revised to address the cumulative effect of the various concerns raised, and that those concerns should be addressed in the CSC proceeding through appropriate conditions. Vidich suggested adding a link to the United States Fish and Wildlife Information for Planning and Conservation (IPAC) tool as a footnote. Phelps expressed support for the Council’s engagement in the CSC process and suggested that the Council could address the impacts to farmland in the Council’s annual report.

• Petition 1637 (battery, Granby)
  Aresta reported that Council staff reviewed a proposal from Key Capture Energy (KCE) to construct and operate a 4.99 MW/19.96 megawatt- hour battery system to be located in Granby. He summarized the environmental characteristics of the proposed site and facility and noted that draft comments have been developed that address wildlife, wetlands and vegetation, protection of the public water supply, and spill prevention. Vidich suggested adding information regarding the regulatory program that governs Tier I facilities. Petras expressed concerns regarding the environmental impact that could result from a fire at the proposed facility.

• Petition 1638 (solar, Torrington)
  Aresta reported that Council staff reviewed a proposal from Lodestar to develop and operate 3.0-MW solar PV facility to be located in Torrington. He summarized the environmental characteristics of the proposed site and facility and noted that draft comments have been developed that address farmland, wildlife, wetlands and vernal pools, and vegetation management. Rodosevich questioned how much forest area is needed to provide habitat for bats. Aresta indicated that Council staff will research that issue.

No Comments Recommended: 

• Petition 1636 (fuel cell, New Haven)
  Aresta reported that Council staff reviewed a proposal from Bloom Energy Corporation to construct and operate a customer-side distributed resources project to be located at the Assa Abloy manufacturing facility in New Haven. He summarized the environmental characteristics of the proposed site and facility. Vidich suggested that increasing the height of the proposed facility to be at least four feet above the base flood elevation would be better than two feet. There was general discussion regarding the elevation of the proposed facility, if it would operate during an emergency, and the potential environmental impacts if the facility was affected by high water.
  
  Donnelly made a motion to approve the comments for Docket 525; seconded by Rodosevich. Rodosevich made a motion to amend the motion to include a statement regarding the Council’s concerns regarding the potential cumulative impacts of the proposed project that should be addressed as conditions, if approved; seconded by Vidich. The motion to amend the motion was approved with Petras abstaining. The amended motion was approved unanimously.
  
  Donnelly made a motion to approve the comments for Petition 1638; seconded by Petras. The motion was approved unanimously.
  
  Donnelly made a motion to approve the comments for Petition 1637; seconded by Vidich. Rodosevich made a motion to amend the motion to incorporate the federal program that addresses Tier I facilities in the comments; seconded by Vidich. The motion to amend the motion was approved unanimously. The amended motion was also approved unanimously.

8. Other Business

Ainsworth noted that the next meeting is scheduled for September 25, 2024, and it will be an in-person and remote meeting.

Donnelly made a motion to adjourn the meeting at 11:19 AM; seconded by Warzecha. The motion was approved unanimously. The meeting was concluded.

A recording¹ of the meeting is available online and by email request of the Council (email to: CEQ@ct.gov). (Disclaimer: The transcript associated with the meeting recording is computer-generated and may contain typos that have not been edited.)

¹Passcode: 2QrE26C+