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HomeMy WebLinkAboutAir Quality Advisory Board - Minutes - 10/23/2001MINUTES CITY OF FORT COLLINS AIR QUALITY ADVISORY BOARD REGULAR MEETING 281 N. COLLEGE AVE. October 23, 2001 For Reference: Eric Levine, Chair 229-5225 Eric Hamrick, Council Liaison 225-2343 Brian Woodruff, Staff Liaison 221-6604 Board Members Present John Schroeer, Harry Edwards, Eric Levine, Nancy York, Linda Stanley, and Jim Dennison Board Members Absent Mandar Sunthankar Staff Present Natural Resources Department: Brian Woodruff, Lucinda Smith, Michelle Pawar and Sally Maggart Water Resources and Treatment: Brian Janonis Guests None The meeting was called to order at 4:35 p.m. Setbacks from Wastewater Treatment Works to Habitable Structures Brian Janonis, Water Resources and Treatment Manager, said that he is seeking approval for a land use code amendment that would maintain a 1,000 ft. buffer around the wastewater treatment facilities at the Drake Treatment Plant and the Mulberry facility. He explained that the 1,000-ft. buffer is a requirement of State policy, and is being requested because of encroachment by development. Janonis noted that all wastewater treatment for the City is done at the Drake or Mulberry facilities and that future growth will be handled at the Drake facility. Janonis said that most of the land by the Mulberry plant is floodplain and not developable. Brian Woodruff explained that the buffer issue is somewhat controversial because of the impact on landowners and developers affected by the boundary. He thought that board members would not find it controversial, but Council would be interested in the Board's opinion. It is scheduled to go to Council for first reading on November 6. Harry Edwards asked what emissions are involved. Janonis responded that State regulations address odors, but airborne pathogens could be a potential health issue. He said that the City is contracting for an odor study that will be completed August 2002. John Schroeer said that it is reasonable to assume that the land adjoining the plant could be used for green belt purposes. Janonis said it could be used for storm -water retention, roads, parks, etc. Air Quality Advisory Board October 23, 2001 Page 2 Schroeer said that he supports following the State regulations, but he is concerned about developer rights. Linda Stanley noted policy 44, which requires only a 100-ft. buffer for small mechanical plants, and asked if any facilities fall within that category. Janonis responded that 44 would apply to Boxelder Plant. He added that the City owns the property around Boxelder and it will not be developed. Stanley asked if, because of odors, there should be different buffer standards based on which side of the plant is involved. Janonis responded that odor complaints are equally distributed from all directions around the plant. Stanley said that Rigden Famms is complaining about odors and wants the wastewater facility refurbished so there is no smell. Janonis said that, because of Rigden Farms concerns, the City was asked to determine what it would cost to eliminate odors, and the estimated cost to do that for both plants is $40 million. Stanley said that taxpayer money should not be used to do that. Stanley asked if there are other regulations that deal with toxic chemicals at wastewater facilities. Janonis spoke of studies of toxic emissions from the treatment of wastewater in large industrial areas that could lead to federal regulation. He added that Fort Collins has six or eight substantial industrial dischargers, primarily breweries, and the regulations should not be an issue with us. Woodruff asked if potential spillage of treatment chemicals stored on site is an issue. Janonis said that chlorine and sulfur dioxide are stored in great quantities on site and are heavily regulated to prevent release. Stanley asked if there is a requirement to disclose that information to people living around the plant. Janonis responded, no. He added that ultraviolet disinfection is used at the Mulberry facility rather than chemical disinfection, and it might eventually be used at the Drake facility as well. Schroeer asked what action is desired from the board. Janonis responded that he would like a recommendation supporting the 1,000-ft. buffer around the treatment facilities. Nancy York asked if it is possible to mitigate the area with vegetation so that land on the southwest side of the Drake facility would be usable. Janonis responded that the Johnson property developer will be planting a bank of trees and building a detention facility in that area. Eric Levine asked what kind of development is planned and how many units will be on the Johnson property site. Janonis said that the proposal is for the area by the detention facility and trees to be at Urban Estates density, which is 4-5 units per acre, and higher density is proposed for the upper part of the farm. Stanley asked if the State regulation is sufficient. Janonis responded that we would know once the odor study is completed in 2002. Because development is happening faster than the study, however, the City Attorney is comfortable with adopting something we can substantiate with the State regulation. Air Quality Advisory Boarc. October 23, 2001 Page 3 Levine asked if there is any process available for a development moratorium in special pending cases like this where there is a potential public health issue. Janonis said that the attorney is not comfortable with that, because the State policy is to protect public health and we have to follow that. Jim Dennison asked if there are any EPA guidelines. Janonis said no, it is left up to the states. Dennison asked whether Fort Collins is the first City to take an in depth look at the buffer issue. Janonis responded that there are different requirements, ranging from 150-1,500 ft., in other states and regions that are backed up with studies. Harry Edwards moved approval of the proposal titled "Setbacks front Domestic Wastewater Treatment Works to Habitable Structures". Nancy York seconded the motion. After clarifying that the proposed draft to the land use code includes the whole proposal and will be incorporated into the City's Land Use Code as written, the motion passed unanimously (6-0). New Natural Resources Director Brian Woodruff introduced Michelle Pawar, Natural Resources Director, to board members. Review Minutes & Action List of September 25 2001 With the following changes, the September 25 minutes were approved as written. • On the second page, 1/3 down, the amendment referred to should be "24" instead of "4". • On the second page, Linda Stanley's name is spelled incorrectly. York said that she would like to discuss the MPO 2020 Transportation Plan later in the meeting. Levine said that he also has some new items for the agenda. CO Redesienation Update Brian Woodruff, Environmental Planner, presented the new schedule that has been set due to problems the State encountered in switching from the Mobile 5 model to Mobile 6, and also switching to the latest transportation data. Woodruff noted that 2.2 percent is still being used for long term population growth. • Modeling will be done the end of November. • The Air Quality Control Commission (AQCC) will be alerted in December. • AQCC public hearing will be held in March. • Legislative approval would be obtained this spring. • Council's Growth Management Committee had a presentation in October. • Natural Resources Department will send an informational mailing in December to people who have expressed a desire to keep in touch with air quality issues. • The December AQAB meeting will be an appropriate time to make a recommendation to Council. Woodruff said that he and Ron Phillips met with Margie Perkins, Air Pollution Control Director, and Doug Lempke, AQCC Technical Secretary, to discuss concerns about the difference in policies between the State's and City's handling of air quality planning. They were assured that even if certain strategies are removed from the SIP, they could be retained as state programs. Also, there are no plans to get rid of the UM program in Fort Collins. Air Quality Advisory Board October 23, 2001 Page 4 John Schroeer noted that Mobile 6 has a large number of variables. Jim Dennison said that he would have liked to see the modeling run with conservative and liberal assumptions and used as a range. Levine asked if a model could be run using the real population growth rate. Woodruff responded, no — even if we had a better growth estimate, we would still have to complete the work of converting it to housing and employment by traffic analysis zone, the basic input required for a transportation model. Levine said that the entire process uses bogus numbers in a model that shows what they want to show. He said that he thinks there are problems with process and integrity at the state house and legislature. Woodruff explained that the real difficulty is that the Legislature requires expeditious redesignation and that the Air Quality Control Commission insists on completing it this year. He added that what the state is doing is not illegal and the numbers are not bogus. They are using growth numbers that are in the adopted regional transportation plan. Linda Stanley asked if a memo has been written with the AQAB concerns. Woodruff said that he has expressed the concerns to Council's Growth Management Committee and the City Manager. Dennison said that he would like the Board's concerns relayed to the Air Quality Control Commission. Woodruff said that he would give the Board more information after the SIP Technical Committee meets on November 26.. Local Action Plan to Reduce Greenhouse Gas Emissions Lucinda Smith, Senior Environmental Planner, gave an update on climate protection activities. She distributed copies of the 2000 Climate Protection Status Report and said that it will be available on the web in two weeks. Smith explained that a biennial report with a list of the 2000 greenhouse gas reductions was sent to City Council. Highlights of the report: • An effort has been made to accurately quantify and totally suggest that the whole city is able to reduce nearly 190 tons of CO2 equivalency, by looking at methane and CO2. • Transportation is responsible for a one percent saving and Energy saved 36 percent. • Solid waste reduction yielded the largest savings. The benefit of recycling takes into account downstream emissions, creating new products, not taking materials out of the landfill, and vegetation (11%). Linda Stanley said that three quarters of the homes are not meeting the energy code requirement. She asked if these figures assume that all homes meet the requirement. Smith responded that this assumes that all homes receive savings in natural gas reduction, not electric. Jim Dennison asked why inspectors are not making sure homes are designed right. Smith responded that there are a large number of homes built and inspectors can only spend eleven minutes per home. She added that the Building & Zoning Department is working on hiring more staff. Air Quality Advisory Boarc. October 23, 2001 Page 5 Nancy York asked how the solar orientation ordinance plays into it. Smith responded that it is too difficult to quantify the benefit from solar energy, and it is not reflected in the figures. Smith explained that the climate protection goal is to try to reduce 30 percent of the emissions by 2010. She noted that 2000 was a banner year for the program with the following accomplishments: • 16 partner businesses signed up. • wind turbine was installed for municipal facilities. • an efficient chiller was installed at City Hall. • a construction and demolition debris- recycling program was piloted. • The first Toyota hybrid was purchased. • A forum was held for converting to a hydrogen economy. • Council approved conversion of traffic signal LEDs. • '/2 FTE contractual position was hired to continue outreach. Harry Edwards asked why the focus is only on methane and CO2. He said that other compounds are far more powerful in terms of the greenhouse effect. Smith responded that guidelines are provided by the Cities for Climate Protection and are used in an effort to simplify calculations. Smith said that the City's Energy Management Team did an emissions inventory in 1999. She noted that it is difficult to determine every energy reduction measure being taken. Nancy York said that she is an advocate of competition between City buildings to reduce energy, with the idea that what is practiced at work will be taken home. Smith explained that it would be difficult since some of the buildings have several departments and the Facilities Department pays utility bills. She noted that City employees are provided with awareness training Comments • Schroeer said it was a comprehensive presentation and he is happy to see the City taking a strong lead. • Stanley asked if there are more funds in the budget now for implementation. Smith said that Natural Resources Department is trying to find support for additional staffing. Agenda Planning Review Council six-month planning calendar • October 23 Study Session cancelled. • AQ redesignation moved to January 6. Future Agendas: • Truck Mobility Study (November) • Policy on prioritizing capital projects according to LUTRAQ principles (VMT reduction). • 2025 MPO plan — get an executive summary. • Home Heating Efficiency Program - get Platte River Power Authority's new report. • Get building inspectors report on what they look for in new construction — informational presentation. Air Quality Advisory Board October 23, 2001 Page 6 • Report of the City of Fort Collins Hydrogen Task Force (November) • MPO Regional Funding Study (unscheduled) Adjournment The meeting adjourned at 7:00 p.m. ACTION LIST — from Oetoher 2001 meetinv ACTION ITEM WHO BY... DONE 1. When the radon program is reviewed by City Sarah When Council, put a copy of their packet materials available in the Board's packet. 2. Draft letter on the CO redesignation, and Brian November circulate via e-mail for comment.