Council on Environmental Quality Meeting Minutes

Minutes of the September 25, 2024, meeting of the Council on Environmental Quality (Council) held in person at 79 Elm Street, Hartford and via Zoom.

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

ALSO IN ATTENDANCE: Paul Aresta (Council - Executive Director), Ryan Carboni (Council – Environmental Analyst), Paul Farrell (Department of Energy and Environmental Protection (DEEP) - Director of Air Planning & Standards for the Bureau of Air Management), Jordan DiDomenico (DEEP), Eric Hammerling (DEEP), Laschone Garrison (DEEP), Justine Phillips-Gallucci (Office of Policy and Management (OPM)), Becca Dahl (OPM), and Bruce Wittchen (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. Chair’s Report
Ainsworth introduced Linda Bowers and Aimee Petras and welcomed them to the Council. Bowers and Petras provided brief summaries of their experience.

3. Ozone Presentation – Department of Energy and Environmental Protection
Ainsworth introduced Paul Farrell. Farrell provided information on the status of Connecticut’s ozone problem including, but not limited to, an overview of how ozone forms and why it is a public health concern, the history and current classification for ozone for the 2008 and 2015 National Ambient Air Quality Standards, the State Implementation Plan requirements for serious ozone nonattainment areas, the potential impact of implementing Section 185 of the Clean Air Act, and possible actions to achieve ozone attainment. There was general discussion regarding the challenges for ozone attainment in Connecticut, including the impact that emissions from states to the south and west of Connecticut have on the state’s air quality/ozone problem.

4. Approval of Minutes from August 28, 2024
Vidich made a motion to approve the draft meeting minutes from August 28, 2024; seconded by Petras. The motion was approved unanimously with Bowers abstaining because she was not a Council member at the August 28, 2024, meeting.

5. Citizen Comment Period
There was no citizen comment.

6. Citizen Complaints and Inquiries Received
Carboni reported that the Council received a few inquiries, including 1) a concern regarding potential flooding of the Aspectuck River in New Canaan, which was referred to the town engineer/Department of Public Works for the Town; 2) an inquiry regarding DEEP’s e-bike incentive program, which was referred to DEEP’s Bureau of Air Management; and 3) an inquiry regarding endangered species, which was referred to DEEP’s Wildlife Division Natural Diversity Database (NDDB). Aresta noted that Council staff will usually follow up with a citizen referral to another state agency if it involves an enforcement issue.

7 Executive Director’s Report

• Annual Report
  Aresta reported that a subcommittee of Council members met to discuss the development of the annual report. Vidich noted that it was the consensus of the subcommittee members to develop a summary of the 2023 annual report that could be printed and distributed to legislators and some state agencies. Aresta confirmed that between now and the next meeting, Council staff could develop a summary of the 2023 annual report, with the intent to provide it to legislators in January. Phelps and Vidich suggested that some state agencies and entities, such as the Office of Legislative Research, should also receive a copy of the 2023 annual report.

• Miniature alcoholic beverage container survey
  Carboni reported that Council staff refined the PDF survey form and webform to make it easier for municipalities to report the amount of funds expended, updated municipal contact information, and emailed the survey form and instructions, with a link to the online webform, to the municipal contacts. He added that the Council has received 45 responses to date, most of which were submitted through the online form, and Council staff will follow up to obtain more responses through mid-November.

• Meeting schedule for 2025 
  Aresta reported that the draft meeting schedule has been developed for 2025. He added that Council meetings have been proposed for the fourth Wednesday of most months, except for November and December, which would be a week earlier due to the holidays. He added that the last month of each quarter would be a hybrid meeting that would allow participation both in-person and remotely.
  
  Phelps made a motion to approve the proposed meeting schedule for 2025; seconded by Vidich. The motion was approved unanimously.
  
  
• Long Island Sound Study (LISS) 2025 Draft Comprehensive Conservation and Management Plan (Plan) 
  Aresta reported that the LISS has released the draft 2025 Plan and comments are due within 60 days. He added that the Plan has established goals with specific objectives that include specific measures of success. Aresta stated that some of the goals within the plan are identified in the Council’s annual report, and that Council staff would welcome input from interested members of the Council.

• Shared Clean Energy Facility (SCEF) Program Year 6 review
  Aresta noted that the Council submitted comments to DEEP regarding the SCEF year 6 program with several recommendations. He reviewed the program recommendations that DEEP submitted to the Public Utilities Regulatory Authority (PURA) and compared DEEP’s recommendations to the Council’s comments. He added that the Council’s comments included a suggestion that DEEP consider a bid preference for the development of eligible technologies on industrial/commercial zoned sites, and that DEEP responded that DEEP does not have any evidence that siting in those places is inherently more expensive and requires a bid preference to encourage development on such sites. Phelps and Ainsworth expressed support for a bid preference in the SCEF program for development of eligible technologies on land that is not intended for residential/agricultural use.
  
  Vidich made a motion to direct Council staff to develop comments for the Acting Chair to submit to DEEP to restate the Council’s position for a bid preference to encourage development of eligible technologies on industrial / commercial land; seconded by Phelps. The motion passed unanimously.

Ainsworth noted that the Council will take a break at 11:13. The meeting resumed at 11:19.

8. State Agency Actions
a. DEEP

• Release-Based Remediation Program (RBRP) – Update
  Ainsworth noted that comments to DEEP regarding the RBRP regulations are due by October 24, and the proposed RBRP would replace the Transfer Act, which has many exemptions and has not resulted in the remediation of many properties. He added that the Council was specifically designated as a working group member in the legislation and the Council has an opportunity to provide comments to DEEP, including whether the public interest would be served by the proposed program, and/or to address any concerns or issues with the draft RBRP regulations. Aresta reviewed DEEP’s schedule of workshops and meetings over the last month. He added that he would be pleased to schedule a special meeting or subcommittee meeting for Council members to discuss concepts and possibly develop comments regarding the RBRP regulations. Vidich expressed his concerns regarding 1) potential impacts to areas with a GA and GAA groundwater classification associated with the remediation of projects or in-situ containment, 2) the reporting requirements in the draft RBRP regulations, and 3) education of the public regarding the new provisions of the draft RBRP regulations.

• General Permit to Perform One Day Collections of Certain Wastes and Household Hazardous Waste (General Permit – HHW)
  Aresta noted that DEEP released the draft General Permit – HHW that would authorize the one-day collection and aggregation of household hazardous waste; covered electronic devices and/or used electronics; hazardous waste and universal wastes generated by a Conditionally Exempt Small Quantity Generators; and sharps and pharmaceuticals generated from households. He added that draft comments have been developed that address specific provisions of the draft General Permit – HHW.

• Comprehensive General Permit for Discharges to Surface and Ground Water (General Permit – SGW) 
  Aresta noted that DEEP released the draft General Permit – SGW that provides discharge authorizations in a single general permit for several wastewater discharge categories. Aresta added that draft comments have been developed that address specific provisions of the draft General Permit – SGW. Vidich suggested that the comments be revised to suggest that DEEP specify/revise the minimum separation distance for discharges to tributaries and groundwater, including discharges in water supply areas.
  
  Vidich made a motion to approve the Council's comments regarding the General Permit – HHW, and the Council's comments regarding the General Permit – SGW with the changes suggested by Vidich; seconded by Petras. The motion was approved unanimously.

b. Connecticut Siting Council (CSC)
Comments recommended:

• Petition 1640 (energy, Oxford)
  Aresta reported that Council staff reviewed a proposal from Eversource to modify sections of several 115-kilovolt (kV) transmission lines along approximately 4.6 miles of right of way (ROW) that extends from Towantic Substation to Beacon Falls Junction in the Town of Oxford. He added that the proposed project would replace 51 existing structures with 74 new structures, replace the existing conductors, and replace the existing shield wire with optical ground wire. He reviewed the environmental characteristics of the proposed project and noted that draft comments have been developed that address documentation, wildlife, and wetlands/vernal pools.
  
  Vidich made a motion to approve the Council's comments regarding Petition 1640; seconded by Kalafa. The motion was approved unanimously.

No comments recommended:

• Petition 1639 (telecom, Killingworth)
  Aresta reported that Council staff reviewed a proposal from T-Mobile to modify an existing wireless telecommunications facility in Killingworth. He summarized the proposed project and some of the characteristics of the proposed site.

9. Other Business
Vidich noted that DEEP is undertaking a study on the taxation of solar technology, which could provide a disincentive for solar development.

Phelps noted that this week is “climate week”, and there are events scheduled in New York City to highlight the climate, and showcase technology that impacts the climate/environment.

Aresta noted that the Council’s next meeting is scheduled for October 23, 2024, at 9:30 AM and it will be a remote meeting.

Vidich made a motion to adjourn the meeting at 11:59 AM; seconded by Donnelly. The motion was approved unanimously. The meeting was concluded.

A recording ¹ 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: wY5*cEMp
https://ctdeep.zoom.us/rec/share/kwbv4_sLPg59B6CqG39FSgGSF1FkbESsBwQO_vJ-1812o_BkTbGJEVk5GsXVx2lr.ZSktk9aL-A7L2ryV