DRAFT MINUTES-
THESE DRAFT MINUTES HAVE BEEN PREPARED BY STAFF AS A RECORD OF WHAT OCCURRED AT THE MEETING. AT THE NEXT MEETING, COUNCIL MEMBERS WILL REVIEW THESE MINUTES AND MIGHT MAKE CORRECTIONS BEFORE APPROVING THEM. READERS SHOULD RELY ON THE APPROVED VERSION FOR A COMPLETELY ACCURATE RECORD.
Minutes of the December 19, 2024, meeting of the Council on Environmental Quality (Council) held in person at 79 Elm Street, Hartford and via Zoom.
MEMBERS PRESENT: (in person) Keith Ainsworth (Acting Chair), Christopher Donnelly, Denise Rodosevich, David Kalafa, Aimee Petras, (remote) Derek Phelps and William Warzecha.
ALSO IN ATTENDANCE: Paul Aresta (Council - Executive Director), Ryan Carboni (Council – Environmental Analyst), Jordan DiDomenico (Department of Energy and Environmental Protection (DEEP)), Laschone Garrison (DEEP), Justine Phillips-Gallucci (Office of Policy and Management (OPM)), and Becca Dahl (OPM)). Members of the public that spoke: Chase Lindemann (Save the Sound), Kathy Czepiel (Save the Sound), and Chris Cryder.
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 from November 20, 2024
Kalafa made a motion to approve the draft meeting minutes from November 20, 2024; seconded by Petras. The motion was approved unanimously.
3. Citizen Comment Period
Chase Lindemann commented on DEEP’s draft forest management plan (FMP) for The Preserve State Forest (TPSF) and noted that the draft FMP should be subject the provisions of the Connecticut Environmental Policy Act (CEPA). He added that some forest management activities could have an adverse effect on the environment. Donnelly noted that national forests are much larger in area than forests in Connecticut, and questioned what forestry actions might constitute a significant effect on the environment. Lindemann reiterated that the public scoping process should be used to determine whether the activities proposed in a FMP would raise to the level of significance required for the preparation of an Environmental Impact Evaluation.
Chris Cryder also commented that the FMP for TPSF should be subject to CEPA. He added that the proposed land management activities originally proposed for TPFS could have had an adverse impact on vernal pools and the amphibian communities that rely on them. He added that there were issues regarding the public notice and public participation processes related to the development of the FMP for TPSF.
Aresta provided a summary of the status of DEEP’s proposed agency-specific Environmental Classification Document (ECD). There was general discussion regarding the Generic ECD and the scoping process, including the provisions for public comment and requesting a public scoping meeting. There was also discussion regarding the definition of core forest.
Kathy Czepiel commented that the definition of core forest that is in the draft FMP for TPFS states that it is a contiguous forest that is at least 500 acres and 300 feet from other land uses, including residences, farmland, and paved roads. Czepiel added that the definition in the FMP for TPFS differs from the definition that is in statute.
4. Citizen Complaints and Inquiries Received
- Aresta reported that the Council received a complaint/inquiry regarding DEEP’s draft FMP for TPSF.
- Aresta reported that the Council received an inquiry about the notice associated with a redevelopment project in Waterbury. He responded that a post scoping notice was published for that particular project with an environmental assessment. He added that he directed the individual to contact the Department of Economic and Community Development (DECD) with specific questions regarding the proposed state action/project.
5. Executive Director’s Report
- Annual Report
Aresta presented information for several indicators for the 2024 annual report, including hypoxia in Long Island Sound; lobster landings; osprey; solid waste diversion rate; and solid waste diverted. There was general discussion regarding the reasons for, and impact of, the decrease in hypoxia and lobster harvests.
- Miniature Alcoholic Beverage Container (Nips) Survey
Carboni reviewed a few charts depicting data on how the funds from the surcharge on Nips were used to reduce solid waste and/or to reduce litter. Carboni added that the draft preliminary findings regarding the Nips surcharge program could be made available to the legislature and the public. There was general discussion regarding the draft preliminary findings.
Donnelly made a motion to approve the Council’s draft preliminary findings document; seconded by Rodosevich. The motion was approved unanimously.
- Legislative Recommendations
Aresta reported that the suggested changes to the legislative recommendations, which were discussed at the Council’s meeting on November 20, 2024, were completed.
- Regional Water Authority (RWA) Disposition of Land
Carboni noted that the RWA is proposing to dispose of 4.9 acres of Class III land in Seymour. He added that the town of Seymour is planning on exercising their right of first refusal to purchase the parcel and maintain it as undeveloped open space, and no comments are recommended.
Aresta noted that the 2025 legislative session convenes January 8, 2025, and Council staff could track legislation and develop testimony, as appropriate, for the topics identified in the Council’s approved legislative recommendations. Ainsworth noted that Council staff has standing authority to track proposed legislation and comment on it, consistent with the Council’s legislative recommendations. There was general discussion regarding specific changes to existing legislation, and how best to provide comments/testimony to the legislature.
- Website updates
Aresta reported that Council staff recently completed updates for the hyperlinks for many of the media files referenced in the Environmental Monitor.
6. State Agency Actions
a. DEEP
- Release-Based Remediation Program (RBRP) – Update
Aresta reported that DEEP held another working group meeting on December 10, and there was discussion of 1) statutory changes that are intended to aid in the consistency and clarity of the proposed cleanup program; 2) potential qualifications and credentials for a “Permitted Environmental Professional” or “PEP”; and 3) the tentative schedule for submission of the draft RBCR to the legislature.
- Draft General Permit for In Situ Remediation: Chemical Oxidation
Aresta reported that DEEP recently released a draft General Permit for renewal that would authorize the introduction of chemical oxidants to remediate pollution in situ through chemical oxidation. He added that draft comments have been developed that address certain elements of the draft General Permit and that written comments are due by December 19, 2024. Rodosevich suggested that the word “only” be removed from the draft comments referring to “minimal adverse impacts” to wetlands and watercourses in Section 3(b)(7). Rodosevich added that the comments for Section 3(e)(2)(b) regarding heating oil tanks with a capacity of less than 2,100 gallons is confusing. Rodosevich suggested removing some of the draft language to clarify the comments. Aresta noted that he would revise the draft comments to clarify the Council’s intent for that section.
Kalafa made a motion to approve the Council’s draft comments regarding the General Permit with the suggested changes, and allowing the executive director to modify the language appropriately; seconded by Petras. The motion was approved unanimously.
b. Connecticut Siting Council (CSC)
Comments recommended:
- Petition 1651 (energy storage, Salem)
Aresta reported that Council staff reviewed a proposal from Fairy Lake, LLC to construct and operate a 4.99-megawatt (MW)/approximately 20 megawatt-hour (MWh) battery energy storage facility to be located in Salem. He reviewed the environmental characteristics of the proposed project and noted that draft comments have been developed that address water protection and spill prevention, wildlife, noise, and the emergency response plan.
No comments recommended at this time:
- Petition 1650 (telecom, Wolcott)
Aresta reported that Council staff reviewed a proposal from American Tower Corporation to replace an existing 347-foot guyed telecommunications tower with a 252-foot self-supporting tower in Wolcott. He summarized certain features of the proposed project.
Kalafa made a motion to approve the Council’s comments regarding Petition 1651; seconded by Rodosevich. The motion was approved unanimously.
7. Other Business
Aresta noted that the Council’s next meeting is scheduled for January 22, 2025.
Rodosevich made a motion to adjourn the meeting at 11:02 AM; seconded by Petras. 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.)
1 Passcode: jz9..^dE