Council on Environmental Quality Meeting Minutes

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

MEMBERS PRESENT: (remote) Keith Ainsworth (Acting Chair), Charles Vidich, Christopher Donnelly, Denise Rodosevich, Matt Reiser, David Kalafa, and William Warzecha.

ALSO IN ATTENDANCE: Paul Aresta (Executive Director), Jordan Herpich DiDomenico (Department of Energy and Environmental Protection (DEEP)), Eric Hammerling (DEEP), Graham Stevens (DEEP), Brendan Schain (DEEP), Bruce Wittchen (Office of Policy and Management (OPM)), and Becca Dahl (OPM). Members of the public that spoke: Aimee Petras, Toni Flanigan, Maureen Eberly, and Robert Flanigan.

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.

Ainsworth suggested revising the agenda to move item 6a State Agency Actions – DEEP: Release-Based Remediation Program – update between items 1 and 2, and to add Petition 1616 to item 6b (Connecticut Siting Council). Vidich made a motion to revise the agenda as suggested by Ainsworth; seconded by Kalafa. The motion was approved unanimously.

6a. DEEP - Release-Based Remediation Program (RBRP) – update
Graham Stevens introduced himself and summarized the work of the working group to develop a RBRP to replace the Transfer Act. He noted that the Transfer Act has many exceptions, it has been a barrier to investment for many properties, and the clean-up of contaminated sites would sometimes only occur if the properties were being sold or transferred. Stevens added that the proposed RBRP would address newly discovered releases and historically contaminated sites in a timely manner. There was additional discussion regarding the proposed schedule and process for adoption of the RBRP, the process for protecting environmental resources and remediating properties, as well as stakeholder concerns.

2. Approval of Minutes of January 24, 2024
Vidich made a motion to approve the draft minutes of January 24, 2024; seconded by Warzecha. The motion was approved unanimously.

3. Citizen Comment Period

• Aimee Petras expressed concerns regarding issues associated with certain provisions of the affordable housing statutes and potential impacts on small communities, including the town of Granby.
  
  
• Toni Flanigan commented that a developer is proposing to develop a multi-unit residential dwelling in the town of Granby and there could be impacts of the proposed septic system on adjacent wetlands, watercourses, and groundwater. Maureen Eberly made comments regarding potential impacts of the proposed development on the Salmon Brook, which is part of a federally designated river system, and state-listed species. Eberly also commented on the municipal agencies’ regulatory review of the proposed development. Robert Flanigan commented on conditions (soils and slope) of the proposed site and potential impacts on wetlands and other environmental resources.

4. Citizen Complaints and Inquiries Received

• Aresta reported that he contacted DEEP about a complaint regarding stormwater runoff in Cromwell. Aresta summarized the findings of DEEP’s investigation of the complaint and noted that the issue is being addressed by the Town; however, DEEP will continue to monitor the situation.
  
  
• Aresta reported that the Council received an inquiry/request for any information on a potential spill at a property in Stamford. He added that Council staff provided the citizen with the website link to DEEP’s Remediation Division website that contains contact information and additional links to information regarding contaminated or potentially contaminated sites.

5. Executive Director’s Report

• Aresta presented information on indicators for the 2023 annual report that included 1) revisions to the climate data chart to include growing degree days and the DEEP enforcement chart, and 2) new charts for swimming, preserved land, electric vehicles, electric conservation, solar photovoltaic installations, drinking water, and finfish species of Long Island Sound. There was general discussion regarding the annual report, including the possible addition of text in the body of the annual report to explain the data depicted in the charts, refinement of the charts, and possibly new data.
  
  
• Aresta noted that the Environmental Protection Agency (EPA) announced a proposal to strengthen Clean Air Act standards for large facilities that burn municipal solid waste. He added that DEEP is aware of the proposed rule and will need to adopt a state plan within the specified timeframe after EPA finalizes the rule. Aresta noted that DEEP indicated a commitment to further nitrogen oxide (NOx) reductions from large municipal waste combustors and that the proposed rule is not expected to impact the capacity of existing resource recovery facilities in Connecticut.
  
  
• Aresta reported that he anticipates a new staff person will be hired by the end of March.

Ainsworth noted that the Council would take a five-minute break at 11:19 AM. The Council meeting resumed at 11:24 AM.

6. State Agency Actions 
a. DEEP

• Release-Based Remediation Program – update
  (This item was discussed earlier in the meeting)
  
  
• General Permit for the Discharge of Swimming Pool Wastewater to Waters of the State
  Aresta reported that DEEP is proposing to reissue the General Permit for the Discharge of Swimming Pool Wastewater to Waters of the State (GP). He noted that he and Warzecha reviewed the proposed GP. Rodosevich indicated that there were some inconsistencies and confusing language in the draft GP, and she would provide comments directly to Aresta.

b. Connecticut Siting Council (CSC) 
Comments recommended:

• Petition 1609 (solar, Manchester)
  Aresta reported that he reviewed a proposal from TRITEC Americas, LLC to construct and operate a 0.999-megawatt (MW) solar photovoltaic (PV) electric generating facility to be located in Manchester. He summarized the proposed project and the environmental characteristics of the proposed site. Aresta added that draft comments have been developed that address the proposed destruction of core forest, wetlands, erosion and sedimentation (E&S) controls, and spill prevention.
  
  
• Petition 1611 (solar, Enfield)
  Aresta reported that he reviewed a proposal from Lodestar to construct and operate a 1.93 MW solar PV electric generating facility in Enfield. He summarized the proposed project and the environmental characteristics of the proposed site. Aresta added that draft comments have been developed that address farmland soils, visibility, and noise.
  
  
• Petition 1612 (solar, Southington)
  Aresta reported that he reviewed a proposal from TRITEC Americas, LLC to construct and operate a 0.999-MW solar PV electric generating facility in Southington. He summarized the proposed project and the environmental characteristics of the proposed site. Aresta added that draft comments have been developed that address an Environmental Land Use Restriction (ELUR) area, wetlands, E&S controls, and visibility. Ainsworth and Vidich suggested that the draft comments be revised to include a sentence that the Council recommends the ELUR be submitted to the Siting Council for inclusion in the record and that any restrictions should be a condition of approval.
  
  
• Petition 1613 (energy, East Haddam – Montville)
  Aresta reported that he reviewed a proposal from Eversource Energy for the East Haddam Junction to Hunts Brook Junction Reliability Project, consisting of the replacement and reconductoring of electric transmission line structures between East Haddam and Montville. He summarized the proposed project and the environmental characteristics of the project area. Aresta added that draft comments have been developed that address the provision of best management practices, wetlands and vernal pools, vegetation, E&S controls, wildlife, inspections, and education.
  
  
• Petition 1614 (energy, Oxford – Monroe)
  Aresta reported that he reviewed a proposal from Eversource Energy for the Christian Street Junction to Stevenson Substation Rebuild Project consisting of the replacement and reconductoring of electric transmission line structures between Oxford and Monroe. He summarized the proposed project and the environmental characteristics of the project area. Aresta added that draft comments have been developed that address the provision of best management practices, wetlands and watercourses, vegetation, E&S controls, wildlife, inspections, and education.

Vidich made a motion to approve the draft comments regarding CSC Petitions 1609, 1611, 1613, 1614, and 1612 with the suggested modifications; seconded by Kalafa. The motion was approved unanimously. Ainsworth noted that Reiser left the meeting prior to the vote.

No comments recommended at this time:

• Petition 1610 (telecom, Wallingford)
  Aresta reported that he reviewed a proposal from ARX Wireless LLC for the replacement of an existing 162-foot monopole tower with a new 162-foot monopole tower in Wallingford. He summarized the proposed project and the environmental characteristics of the proposed site.
  
  
• Petition 1615 (solar, Hartford)
  Aresta reported that he reviewed a proposal from C-Tec Solar, LLC to construct and operate a 3.98-MW solar PV electric generating facility to be located at the former Hartford Landfill in Hartford. He summarized the proposed project and the environmental characteristics of the proposed site.
  
  
• Petition 1616 (telecom, East Haddam)
  Aresta reported that he reviewed a proposal from Cellco/Verizon for the proposed modifications of an existing wireless telecommunications facility in East Haddam. He summarized the proposed project and the environmental characteristics of the project area.

c. Legislature

• State Historic Preservation Officers (SHPO) Administration of Certain Processes Working Group
  Rodosevich provided a summary of the role of the working group, the SHPO’s process for review of historic/archeological resources, and the findings and recommendations of the working group. This included provisions for a cap on mitigation costs, a process to apply to the Department of Economic and Community Development (DECD) Commissioner to revise the SHPO’s recommendation(s), and/or a process to undertake public scoping to solicit alternatives for mitigation. Rodosevich indicated there might be new legislation, the SHPO might undertake the proposed recommendations administratively, and/or there might be an effort to revise the Connecticut Environmental Policy Act (CEPA).
  
  
• Raised bills and draft testimony
  Aresta noted that the Council’s comments were submitted to the legislature in support of certain provisions of House Bill 5170 and House Bill 5218 for 1) the acquisition of, and land use restrictions within, conservation easements located along streams and rivers, and 2) additional training requirements for staff and each member of inland wetlands agencies.

7. Other Business
Aresta noted that the next meeting will be on March 27, 2024 at 9:30 AM and it will be a hybrid meeting.

Ainsworth noted that he might not be available at the next meeting and that there might be another vacancy on the Council after the March meeting.

Vidich made a motion to adjourn the meeting at 12:27 PM; seconded by Rodosevich. The motion was approved unanimously.

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: .PE6q6RE