Council on Environmental Quality Meeting Minutes

Minutes of the March 27, 2024, meeting of the Council on Environmental Quality (Council) held in the Holcombe Room, fifth floor, 79 Elm Street, Hartford and via Zoom.

MEMBERS PRESENT: (in person) (Acting Chair) Charles Vidich, Christopher Donnelly, Denise Rodosevich, David Kalafa, and (remote) Matt Reiser.

ALSO IN ATTENDANCE: Paul Aresta (Executive Director), Fred Riese (Department of Energy and Environmental Protection (DEEP)), Eric Hammerling (DEEP), Bruce Wittchen (Office of Policy and Management (OPM)), Becca Dahl (OPM), and Justine Phillips-Gallucci (OPM). Members of the public that spoke: Francis Pickering and Alicia Charamut.

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

2. Approval of Minutes of February 28, 2024
Kalafa made a motion to approve the draft minutes of February 28, 2024; seconded by Rodosevich. The motion was approved unanimously.

3. Citizen Comment Period
Francis Pickering commented on noise that he asserts is being generated by a trash-to-energy facility in Bristol and exceeds the applicable standard. Pickering added that excessive levels of noise and air emissions can have adverse health effects on the public. Pickering noted that enforcement for compliance with permits and noise regulations/ordinance(s) is difficult because there is a question of jurisdiction. Pickering added that both the trash-to-energy facility and the local health district are conducting studies of the noise levels in the area. Aresta suggested that it would be appropriate for the Council to obtain more information on the issue, including the noise study(s) and the existing permit requirements for the facility. 

4. Citizen Complaints and Inquiries Received

• Aresta reported that the Council did not receive any additional information from the citizens that spoke at the last Council meeting regarding the proposed affordable housing development in Granby. He added that a review of the most recent minutes of the Granby Inland Wetlands and Watercourses Commission indicates that review of the proposed project is still pending.
  
  
• Aresta reported that the Council received two requests to provide comments regarding Connecticut Siting Council (CSC) Petition 1609 (solar project in Manchester). He added that the Council’s staff responded stating that the Council approved and submitted comments for that Petition to the CSC.
  
  
• Aresta reported that the Council received an inquiry for information regarding a hunting license and another inquiry about whether a permit was needed to undertake a stream cleanup project. For the first inquiry, he stated that the Council’s staff responded by referring the resident to DEEP’s hunting license information. For the second inquiry, Aresta suggested that the citizen contact the municipal inland wetland agency and the municipality so that the municipal officials would be aware of the proposed activity.
  
  
• Aresta reported that the Council received an inquiry regarding the removal of trees at a location near the former Cedarcrest Hospital in Newington and ridgeline protection. He added that the Council’s staff responded by providing information regarding the ridgeline protection statutes and contact information for the Zoning Enforcement Officer in Newington.
  
  
• Aresta reported that the Council received an inquiry about whether an Environmental Impact Evaluation (EIE) had been developed for the CT Eco Park project in North Haven. He added that the Council’s staff responded that no notice of the availability of that project’s EIE has been published in the Environmental Monitor.
  
  
• Aresta reported that the Council was copied on a complaint regarding environmental impacts to a property resulting from Eversource’s transmission line project in Lebanon. He added that the Council’s staff 1) provided the email and correspondence to the CSC to address the issues, as the CSC has jurisdiction, and 2) would continue to monitor the situation.
  
  
• Aresta reported that the Council received an anonymous complaint regarding the modification of vehicle emissions controls systems. He added that the Council’s staff provided the information to DEEP's Air Management Enforcement Division Director who indicated that he would provide the information to the Environmental Protection Agency (EPA) Region 1 since the EPA had jurisdiction.
  
  
• Aresta reported that the Council received an inquiry regarding the Council’s comments for CSC Petition 1611 and that a property owner near the proposed solar facility in Enfield had concerns regarding impacts on groundwater/well water. He added that the Council’s staff responded stating the Council did not include comments about groundwater/well water because the proposed site is not within an aquifer protection area (APA), public water supply watershed (PWSW), and that there was a spill plan included in the Petition. He suggested to the individual that the CSC might be able to address questions regarding groundwater protection during construction of the proposed facility.

5. Executive Director’s Report

• Aresta reviewed the tentative schedule for the release of the annual report and information regarding piping plover, tree canopy, drinking water, and hydrilla. There was general discussion regarding the annual report, including the possible addition of an introduction in the invasive species section. Aresta suggested that the Council could use certain criteria for selecting indicators for drafting recommendations. Rodosevich suggested adding an executive summary with the proposed recommendations. Aresta noted that he would 1) refine the draft annual report to include the requested information, along with recommendations and an executive summary, and 2) distribute the draft document to Council members for review and comment before the next Council meeting.

Kalafa made a motion to revise the agenda to address item 6a - Proposed Environmental Classification Document for the Department of Energy and Environmental Protection; seconded by Donnelly. The motion was approved unanimously.

6a Proposed Environmental Classification Document (ECD) for the Department of Energy and Environmental Protection

• Eric Hammerling and Fred Riese provided some background/context related to DEEP’s approach to the proposed ECD. There was general discussion regarding the proposed ECD, and certain provisions outlined in Sections II, III, and IV, including the addition of forest management plans. Riese reviewed the process for adoption of the proposed ECD. Vidich suggested that DEEP should clarify the language in Section III to include notification provisions in the “content and circulation requirements of CEPA”. Aresta noted that draft comments have been developed that include suggested changes to the language for certain actions in Sections II and IV, and the addition of actions to Section II.

Kalafa made a motion to approve the Council’s comments regarding DEEP’s proposed ECD; seconded by Rodosevich. The motion was approved unanimously.

Vidich noted that the Council would take a short break at 11:07 AM. The Council meeting resumed at 11:16 AM. Vidich then confirmed that there was still a quorum of Council members present.

5. Executive Director’s Report – Continued

• Aresta reported that there has been progress in the applicant selection process for the Environmental Analyst position, and it is anticipated that the new staff person will start mid to late April. Aresta thanked Rodosevich for assisting in the interview process.
  
  
• Aresta reported that the Council received a notice regarding the proposed replacement of the Sugar Hollow Road Bridge over the Norwalk River in Wilton. Aresta summarized the environmental site conditions for the proposed project and noted that a copy of the notice was provided to DEEP’s Fisheries Division as a courtesy.

6. State Agency and Legislative Actions 
a. DEEP

• Release-Based Remediation Program – update
  Aresta reported that DEEP held another informational session on March 12, and DEEP provided responses to questions and comments that the agency had received regarding the Release Based Program. He added that DEEP will provide the revised release-based program regulations and then begin the regulation adoption process.
  
  
• Proposed Environmental Classification Document for the Department of Energy and Environmental Protection – this item was addressed earlier in the agenda.

b. Connecticut Siting Council (CSC) 
Comments recommended:

• Petition 1617 (solar, Woodstock)
  Aresta reported that he reviewed a proposal from Verogy, LLC to construct and operate a 3.0-megawatt (MW) solar photovoltaic (PV) electric generating facility to be located in Woodstock. 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/agricultural co-use, source water protection, and the protection of a potential vernal pool. Rodosevich suggested taking out the word “also” when referring to the Council’s second recommendation in the vernal pool paragraph.
  
  
• Petition 1622 (solar, South Windsor)
  Aresta reported that he reviewed a proposal from C-Tec Solar, LLC to construct and operate a 1.66 MW solar PV electric generating facility to be located in South Windsor. 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 spill prevention.

Kalafa made a motion to approve the draft comments for CSC Petition 1617, with removal of the word “also” as suggested by Rodosevich, and Petition 1622; seconded by Donnelly. The motion was approved unanimously.

No comments recommended at this time:

• Petition 1618 (telecom, Waterford)
  Aresta reported that he reviewed a proposal from T-Mobile to extend the mast on an existing electric transmission line support structure and replace three (3) existing antennas at a higher elevation. He summarized the proposed project and the environmental characteristics of the proposed site.
  
  
• Petition 1620 (fuel cell, East Lyme)
  Aresta reported that he reviewed a proposal from VFS, Inc. to construct and operate two (2) fuel cells to be located at the York Correctional Facility in East Lyme. He summarized the proposed project and the environmental characteristics of the proposed site.
  
  
• Petition 1621 (fuel cell, Bridgeport)
  Aresta reported that he reviewed a proposal from VFS, Inc. to construct and operate thirteen (13) fuel cells in Bridgeport. He summarized the proposed project and the environmental characteristics of the proposed site.
  
  
• Docket 521 (telecom, Cheshire)
  Aresta reported that he reviewed a proposal from Tarpon Towers/Verizon to construct a 94-foot monopole tower and related facility equipment in Cheshire. He summarized the proposed project and the environmental characteristics of the proposed site.
  
  
• Petition 1619 (solar, Oxford)
  Aresta reported that the CSC is awaiting additional information for this Petition.

c. Legislature

• Raised bills and draft testimony
  Aresta noted that comments were submitted to the legislature for certain raised bills since the last Council meeting in February, including House Bill 5004, which included a plan and program for advancing nature-based solutions in the state that support climate mitigation and adaptation; Senate Bill 294, which included the park replacement language; and House Bill 5330, which included revisions to DEEP’s public hearing process for certain transportation projects. He also provided a brief summary on the current status of proposed legislation that the Council provided comments for, including the bills noted previously and House Bills 5170 and 5218. Alicia Charamut noted that certain provisions of House Bill 5330 were removed in the substitute bill. Vidich noted that House Bill 5475 included provisions that could impact the regulation of inland wetlands. It was suggested that the Council should develop and submit comments for House Bill 5475 regarding the regulation of inland wetlands.

Kalafa made a motion to develop comments for House Bill 5475 and submit the comments to the Chairs of the Planning and Development and Environment Committees, as well as the Speaker of the House and President Pro Tempore of the State Legislature; seconded by Rodosevich. The motion was approved unanimously.

7. Other Business 

Vidich noted that this meeting would be the last Council meeting for Matt Reiser and acknowledged his contributions as a member of the Council.

Reiser noted that DEEP issued a public notice indicating that comments are being accepted regarding DEEP’s General Permit for the Discharge of Stormwater Associated with Industrial Activities.

Aresta noted that the next meeting will be on April 24, 2024 at 9:30 AM and it will be a remote meeting.

Kalafa made a motion to adjourn the meeting at 11:55 AM; seconded by Donnelly. 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 Anm$7T4p