Council on Environmental Quality Meeting Minutes

Minutes of the January 24, 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), Bruce Wittchen (Office of Policy and Management (OPM)), Becca Dahl (OPM), Justine Phillips-Gallucci (OPM), and Matt Pafford (Department of Administrative Services (DAS)).

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 December 13, 2023
Vidich made a motion to approve the draft minutes of December 13, 2023; seconded by Rodosevich. Aresta suggested making a note in the minutes of the Council members who attended in person or remotely. Ainsworth confirmed that the suggested revisions to the draft minutes were acceptable to the Council members that made and seconded the motion. The motion was approved unanimously.

3. Citizen Comment Period
Patricia Ranney commented on the Federal Aviation Administration’s Finding of No Significant Impact (FONSI) regarding the proposed expansion of the Tweed New Haven Airport. Ranney stated that the potential impacts to East Haven were ignored.

4. Citizen Complaints and Inquiries Received

• Aresta reported that the Council received an inquiry regarding textile recycling. Council staff responded by providing a link to DEEP’s waste characterization study and information regarding the next Solid Waste Advisory Committee meeting.
  
  
• Aresta reported that the Council received a complaint regarding the development of a community center on municipal land located uphill from the Pequannock River in Trumbull. Council staff responded by providing links to the DEEP website for stormwater management and further suggested that the complainant contact the municipal land use agencies regarding potential stormwater impacts.
  
  
• Aresta reported that the Council received an inquiry regarding the status of the AB Eco Park project. Council staff responded by providing information received from DEEP regarding the status of the proposed project and the permit requirements and information related to the Connecticut Environmental Policy Act (CEPA).
  
  
• The Council received a complaint/inquiry from a citizen that was concerned about the proposed expansion of the Tweed Airport. Council staff responded by suggesting that the complainant provide written/email comments to the Council and noting that the Council would monitor the state’s permitting activities.
  
  
• The Council received a complaint regarding stormwater runoff in Cromwell. The complainant alleged that a commercial property was developed without appropriate consideration and development of stormwater control structures/methods that is now causing excessive runoff/pollution on the neighboring property. Aresta added that Council staff will contact DEEP and respond by providing the appropriate information for stormwater management.

5. Executive Director’s Report

• Aresta presented information on indicators for the 2023 annual report that included Asian tiger mosquitoes and hypoxia.

The Council stopped the meeting at 9:48 AM because of disruptions by certain attendees and resumed the meeting at approximately 9:50 AM. Ainsworth called the meeting to order again, took attendance, and confirmed that all of the Council members were present.

Aresta continued the presentation of information on indicators for the 2023 annual report that included, osprey, miniature alcohol beverage containers (Nips), shellfish beds, farmland and forestland impacts from solar proposals, climate data (precipitation, temperature, and degree days), exceedances of air quality standards, good air days, water levels and water temperature for Long Island Sound, farmland preservation, beverage container redemption, and inspection and enforcement actions by DEEP. There was general discussion regarding the annual report data and suggestions, including: use of the hypoxia data from 1990 to present; adding text to the report to note the reason for the decrease in prohibited shellfish beds; adding a chart that depicts solar installations for behind-the-meter applications and direct grid-connected systems; adding growing degree days with the climate data; and adding text in the report to note the impacts to Connecticut’s air quality from the forest fires in Canada.

Ainsworth noted that the Council would take a five-minute break at 10:18 AM. The Council meeting resumed at 10:23 AM.

• Aresta noted that the list of legislative recommendations that align with the recommendations included in the 2022 annual report and specific language to revise two sections of the Connecticut General Statutes (CGS) was provided to the Environment and the Planning and Development Committees. Ainsworth noted that he and Rodosevich met with representatives of the Environment Committee and staff to discuss the proposed legislative recommendations and suggested revisions to the CGS.
  
  
• Aresta noted that Council staff developed a notice template for an agency-specific Environmental Classification Document (ECD) for notices to be published in the Environmental Monitor.
  
  
• Aresta reported that he received a notice regarding the proposed replacement of the Stone House Road Bridge over Roaring Brook in the Town of Stafford. He added that he reviewed the environmental characteristics of the bridge location, and no comments were recommended. Aresta noted that the bridge is within or adjacent to the Nipmuck State Forest; consequently, notice of the proposed project was provided to the State Forester at DEEP.
  
  
• Aresta reported that the environmental analyst (EA1) position was approved by OPM. He added that the job announcement was posted on January 5, and DEEP received approximately 75 applicants for the position.

6. State Agency Actions 
a. DEEP

• Release-Based Remediation Program – update
  Aresta noted that DEEP released the draft text of the entire Release Based Cleanup Regulations (RBCRs). Aresta described the proposed schedule for stakeholder review and comment and noted that DEEP intends to post a notice of intent to adopt the RBCRs no sooner than April 1, 2024.
  
  
• General Permit for the Discharge of Stormwater from Connecticut Department of Transportation (DOT) Separate Storm Sewer Systems
  Aresta reported that DEEP is proposing to reissue the DOT general permit and described some of the provisions of the revised general permit. He added that DEEP is proposing several modifications with the reissuance of the general permit that are intended to address an enforcement action against the DOT for violations of the current DOT MS4 general permit. Aresta noted that the Council received correspondence from an environmental organization that highlighted concerns regarding the proposed revisions. He added that there might be a public hearing scheduled for the proposed revised general permit and that he contacted DEEP to inquire about the proposed general permit provisions.
  
  
• Connecticut’s Integrated Water Planning Management
  Aresta reported that DEEP has initiated the planning process for phase two of the Integrated Water Planning Management effort that includes the identification of water quality priority focus topics. He added that draft comments have been developed that include 1) support for the proposed focus on environmental justice communities and climate change, and 2) a suggestion for enhanced focus on the protection of drinking water supply sources. Vidich suggested adding text to the draft comments to encourage more emphasis on land use controls for the protection of water supply watershed lands.

b. Connecticut Siting Council (CSC) 
Comments recommended:

• Petition 1602 (solar, Glastonbury)
  Aresta reported that he reviewed a proposal from Glastonbury Solar One, LLC and Verogy, LLC to construct and operate a 3.0-megawatt (MW) solar photovoltaic (PV) electric generating facility in Glastonbury. He summarized the proposed project and the environmental characteristics of the proposed site. Aresta added that draft comments have been developed that address potential impacts to farmland, erosion and sedimentation controls, wildlife, and the spill prevention plan. Kalafa questioned how the proposed sheep grazing activities would be completed. There was general discussion regarding the use of sheep grazing to support agrivoltaics.
  
  
• Petition 1606 (energy storage, Middletown)
  Aresta reported that he reviewed a proposal from Endurant Energy to construct and operate up to a 4.9-MW/9.8-megawatt-hour (MWh) Battery Energy Storage System (BESS) on a portion of Wesleyan University in Middletown that is used as a parking area. He summarized the proposed project and the environmental characteristics of the proposed site. Aresta added that a draft comment has been developed that addresses noise.
  
  
• Petition 1608 (solar, Durham) 
  Aresta reported that he reviewed a proposal from Greenskies Clean Energy, LLC to construct and operate a 3.035-MW solar PV electric generating facility in Durham. He summarized the proposed project and the environmental characteristics of the proposed site. Aresta added that draft comments have been developed that address potential impacts to farmland, wetlands, wildlife, and visibility.

Kalafa made a motion to approve the draft comments regarding phase two of the Connecticut Integrated Water Planning Management effort; seconded by Vidich. Aresta questioned if the motion included adding text for more emphasis on land use controls for water supply watershed lands. Ainsworth confirmed that the motion included the draft comments with the suggested text. The motion was approved unanimously.

Vidich made a motion to approve the draft comments for CSC Petitions 1602, 1606, and 1608; seconded by Warzecha. The motion was approved unanimously.

No comments recommended at this time:

• Petition 1603 (telecom, Danbury)
  Aresta reported that more information is expected regarding this Petition, and he recommended that no action be undertaken at this time.
  
  
• Petition 1604 (energy storage, Suffield) 
  Aresta reported that he reviewed a proposal from Endurant Energy to construct and operate up to an 18.0-MW/36-MWh BESS in Suffield. He summarized the proposed project and the environmental characteristics of the proposed site.
  
  
• Petition 1607 (energy storage, New London)
  Aresta reported that he reviewed a proposal from Hanwha Q Cells America Inc. to construct and operate up to 4-MW/11-MWh BESS in New London. He summarized the proposed project and the environmental characteristics of the proposed site.
  
  
• Petition 1605 (energy, Hartford)
  Aresta reported that he reviewed a proposal from Eversource to replace existing 115-kilovolt (kV) high pressure fluid filled (HPFF) electric transmission cables along approximately 6.7 miles and retire two transmission line taps in Hartford. He summarized the proposed project and the environmental characteristics of the project area.

7. Other Business 
Aresta noted that the next meeting will be on February 28, 2024 at 9:30 AM.

Vidich questioned if the Council members needed to do anything regarding the vacancies on the Council. Ainsworth noted that there is often a need for Council members and suggested that anyone interested in serving on the Council should submit a letter of interest.

Vidich made a motion to adjourn the meeting at 11:08 AM; seconded by Donnelly. The motion was approved unanimously.

Recordings for the first session¹  and second session²  of the meeting are 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.)