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HomeMy WebLinkAboutAir Quality Advisory Board - Minutes - 11/16/2020 AIR QUALITY ADVISORY BOARD TYPE OF MEETING – REGULAR November 16, 2020 5:30 – 8:00 pm via Zoom 11/16/20 – MINUTES Page 1 1. CALL TO ORDER 5:30pm 2. ROLL CALL • List of Board Members Present − Matt Tribby -Chair − Harry Edwards − Gregory Clark − Emily Bitler − Wayne Chuang − Nina Forsyth − Karen Artell − Jim Dennison − Jason Miller • List of Board Members Absent – Excused or Unexcused; if no contact with Chair has been made − N/A • List of Staff Members Present − Cassie Archuleta, Staff Liaison − Kelly Smith - Senior Environmental Planner, Land Use and Planning Dept. • List of Guests − Shlok Goridalia − Dagny Fankenthaler − Molly Ring − Dan Welsh − Tomas Darchs 3. AGENDA REVIEW a. No changes 4. PUBLIC PARTICIPATION a. none 5. APPROVAL OF MINUTES AIR QUALITY ADVISORY BOARD TYPE OF MEETING – REGULAR 11/16/20 – MINUTES Page 2 a. Harry moved and Karen seconded a motion to approve the minutes as amended. Motion approved 8-0-1 6. PREVIOUS BUSINESS a. Staff Updates - Cassie Archuleta • To follow up on a previous request, Cassie created a shared Google folder for the board to access. She will continue to send board meeting packet information, but will also put copies and other pertinent information in the shared folder. • Council's second reading of the budget will be November 17. All the air quality and climate action items that were proposed to be cut have now been preserved for 2021. • The Our Climate Future Strategic Plan process is currently surveying the public to determine "big moves" and "next moves" of where the community wants to go. The goal is to blend the current Energy Policy, Climate Action Plan, and Road to Zero Waste plan. − This survey ends on 11/30/20 and is an opportunity for the AQAB to give feedback regarding topics the board has been discussing. Next opportunity to weigh in would be the Super Board meeting in January, 2021. − Matt stated he would hope comments would include a path to electrification. − Final goal is to get a plan adopted by Council in March, 2021. It is unclear at this point, but most likely it will be around objectives, rather than actual steps. − Staff follow-up: Cassie will follow up on opportunities for the AQAB to weigh in, including a conversation with the Climate staff outside of a regular meeting (no more than two AQAB members at a time). • Regarding board appointments, Matt indicated he would be agreeable to being Chair through to 2021 and have elections and appointments in March, 2021. 7. NEW BUSINESS a. Oil and gas regulations - Kelly Smith and Cassie Archuleta • Kelly and Cassie have been working on developing City oil and gas regulations to present to Council in January, 2021, with a goal of considering new City regulations. • Background − Of the approximately 50,000 active oil and gas wells in the state of Colorado, almost 50% of them are in Weld County. Larimer County has 263. The City of Fort Collins' growth management area has 17. Within the City of Fort AIR QUALITY ADVISORY BOARD TYPE OF MEETING – REGULAR 11/16/20 – MINUTES Page 3 Collins there are 10 active wells, one operator, and only 3 are actually removing oil from the ground. There are 20 inactive, plugged and abandoned wells. − In 2019, Senate Bill 19-181 changed the COGCC's mission from fostering responsible oil and gas development to regulating it in a manner that protects public health, safety, and the environment. As a result, all the COGCC and CDPHE rules are being re-written to reflect the new mission. This also allows local governments to have equal or more restrictive regulations than the State. • Current legislative activities − As a result of HB 19-181, Fort Collins' City Council directed staff to develop oil and gas regulations for the City. − The City is considering several "what if" scenarios with larger setbacks in residential and industrial zoning that would reduce the amount of land that would be available for drilling. − City staff began public engagement at the beginning of 2020 regarding oil and gas development. The majority of feedback was not in favor of any future oil and gas development in the City or natural areas. − Next steps: - January, 2021 - Go before City Council with proposed zoning and setbacks recommendations − Kelly and Cassie asked the AQAB for input on the following questions: - Does the AQAB support the use of industrial zoning for siting of future oil and gas operations? - Does the AQAB support hard setbacks of a specific distance for future oil and gas operations? • Board Discussion − Q - Outside of the Fort Collins oil field, are there any properties worth the oil company's time? A- Not that we know of today, but developing technology in drilling could possibly change that in the future. Also, the process of getting a permit to develop a new oil field could take years. The City wants to have regulations in place to address this future possibility. − Q - If the Oil and Gas Commission is considering a 2000' setback for high occupancy buildings, how could an operator get a lesser setback? A - An operator would have to qualify for one of the conditions they have set for the AIR QUALITY ADVISORY BOARD TYPE OF MEETING – REGULAR 11/16/20 – MINUTES Page 4 rules for smaller setbacks. − Q - With the proposed larger setbacks, it appears there would be no land within the city available for oil and gas development. Does the city have the ability to outright ban all oil and gas development within the city, regardless of setbacks? A – Other communities are adopting these. Unknown if parties such as the Colorado Oil and Gas Association (COGA) would litigate increased setbacks. − Q - Are there any industries not in an industrial-zoned area? A - yes, but they are grandfathered in. b. Air Quality Data Update - Cassie Archuleta • The City surveys citizens approximately every five years regarding air quality issues, and results have indicated one in four households have reported they have at least one member with respiratory issues. • Air quality monitoring sites in the City include criteria pollutants such as carbon monoxide, ozone, large and small particulate matter, and visibility. There are also regulatory monitors where the data is comparable to the EPA standards for criteria pollutants. • Air quality issues from ozone − Fort Collins has 2 regulatory monitors for ozone that indicate that ozone in Fort Collins that regularly violates the National Ambient Air Quality Standard. As a result, we are categorized as part of the Denver North Front Range Non-Attainment area. − Locally-created ozone comes mainly from transportation and oil and gas production. − The Regional Air Quality Council (RAQC) is currently developing a more stringent implementation plan to reduce ozone in the non-attainment area that will be adopted by the State of Colorado and then submitted to the EPA. • Discussion − Q. Is the monitoring network in Fort Collins adequate? A - More monitoring would not help achieve attainment. The eastern side of Fort Collins could use some monitoring. We also don’t currently have NOX monitors. − Q - What is the one area the City is struggling with. A - Ozone is primary. That is why the City has programs related to Ozone like the lawn and garden rebate program. Another challenge is to help people understand ozone and air quality issues, how they personally contribute to it, and how to protect themselves. AIR QUALITY ADVISORY BOARD TYPE OF MEETING – REGULAR 11/16/20 – MINUTES Page 5 8. BOARD MEMBER REPORTS a. Matt described his intention to have two board meetings for any action items: one to discuss and one to formulate the action. That way AQAB consideration is not rushed: b. Greg - Is concerned that the capital investment industry is forecasting state revenues will decrease 15% - 20% in 2021 because of COVID. Dan - A new state fee bill was passed this year regarding open burning and air quality emissions that will increase funding for the Air Pollution Control Division of the state of Colorado. c. Wayne - attended the Super Board meeting in November. They discussed housing, increasing density of housing, and increasing public transportation. This will affect air quality. d. Harry - reported indoor air quality can also affect transmission of COVID and that The National Academy of Sciences Engineering and Medicine organization is now suggesting to wear masks indoors to reduce transmission of droplets. e. Jason - attended the Bicycle Advisory Committee. They are planning for 2021, including infrastructure improvements for bicyclists and pedestrians in the City. Electric bikes have now been approved for use on the trails subject to power and pedal assist. 9. OTHER BUSINESS a. 6-month calendar review b. Agenda planning − December meeting will include: Consideration of recommendation of the oil and gas discussion; climate planning and inventory updates; and drafting the 2020 annual report due in January 2021. − Possible other presentations could be about the Climate inventory and/or from the indoor air quality team regarding protecting yourselves indoors. 10. ADJOURNMENT -The meeting was adjourned at 8:04 pm.