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HomeMy WebLinkAboutAir Quality Advisory Board - Minutes - 09/16/2019 AIR QUALITY ADVISORY BOARD TYPE OF MEETING – REGULAR September 16, 2019 5:30 – 8:00 pm Colorado River Room, 222 Laporte Ave. 9/16/19 – MINUTES Page 1 1. CALL TO ORDER 5:32 pm 2. ROLL CALL • List of Board Members Present − Karen Artell − Greg Clark, Chair − Harry Edwards − Jakob Lindaas − Jason Miller − Matt Tribby • List of Board Members Absent − Jim Dennison • List of Staff Members Present − Cassie Archuleta, Staff Liaison • List of Guests − Tom Moore, Citizen 3. AGENDA REVIEW • N/A 4. PUBLIC PARTICIPATION • N/A 5. APPROVAL OF MINUTES • Harry moved and Karen seconded a motion to approve the August 19, 2019 minutes. Motion passed, 3-2-0. 6. UNFINISHED BUSINESS a. Chair/Vice-Chair Elections, 6:00 – 6:15 AIR QUALITY ADVISORY BOARD TYPE OF MEETING – REGULAR 9/16/19 – MINUTES Page 2 With the departure of Arsineh Hecobian, the AQAB confirmed a new chair and vice-chair. • The Board nominated and voted for Jakob Lindaas as the new Chair. The vote passed 5 – 0 – 0. • The Board nominated and voted for Matt Tribby as the new Vice-Chair. The vote passed 5 – 0 – 0. 7. NEW BUSINESS a. Oil and Gas Update, 6:15 – 7:15 Cassie Archuleta, Air Quality Program Manager, provided an update regarding current oil and gas activity, the City’s role in managing impacts, and potential regulatory options. • City Staff would like to present Council with pathways to address oil and gas activities within the City to mitigate the impacts associated with these activities within the City and the Growth Management Area. The options include: − Option 1: Continue current efforts and reevaluate them in year. − Option 2: Develop a new regulatory framework now and consider a moratorium. • While oil and gas development continues to expand throughout Colorado, there is only one operator and ten active wells within Fort Collins city limits. All exist in a small oil field in northeast Fort Collins. With the implementation of SB 19-181, and as urban development expands, there may be a need to implement additional regulations at the City-level. • Current regulatory efforts include: − COGCC regulates all stages of oil and gas development and creates new rules. − CDPHE develops air regulations and health responses. − Larimer County is currently evaluating the new comprehensive code; a task force has been formed to aid in this effort and draft regulations will be prepared in October. − The City of Fort Collins currently utilizes an Operator Agreement, Land-Use Code and Local Government Designee to aid in the regulatory process. • Converging housing development and oil and gas development interests in northeast Fort Collins may necessitate the development of more regulatory measures in the near-term. The Country Club Reserve residential development contains four active and one inactive oil well; since plans for the development were submitted prior to setback updates to 500’ (in 2018), they will adhere to 350’ setbacks. Furthermore, AIR QUALITY ADVISORY BOARD TYPE OF MEETING – REGULAR 9/16/19 – MINUTES Page 3 Prospect Energy has applied for a permit to re-complete an inactive well. • Senate Bill – 181 changed the COGCC’s mission to enable regulation in a manner that protects public health, safety and environment. It also expands local authority, providing an opportunity for Fort Collins to implement local regulatory measures to better mitigate the effects of oil and gas development. • Under Option 1, the City will investigate updates to the Operator Agreement, work closely with Larimer County and COGCC and monitor regulation changes closely. The City will make every effort to update the Operator Agreement in response to changes in State and County regulations and fill gaps where possible. • Under Option 2, the City will pursue regulatory framework (including land-use code updates) for oil and gas development immediately; the Operator Agreement would continue in the meantime. The City will need to develop the scope, evaluate resource requirements and create a plan for outreach. The City could also consider a moratorium under this option. • The Board voted on the following language to be included as bullet points in Cassie’s presentation at the 9/17/19 Council work session. The vote passed 4 (yes) – 0 (no) – 2 (abstain), although there is interest in a hybrid option. Option 1 makes the most sense at this time, while considering pending operations and potential costs of Option 2. Gaps that should be considered include: − Explore full cost and scope of Option 2, actively monitoring and developing a more comprehensive mobilization plan that could be implemented on short notice. − Council should reevaluate (with AQAB review) as circumstances change (e.g. new County or State regulations, or interest in development) − Need process to notify new neighbors in Country Club Reserve − Adopt requirement for emissions and air quality monitoring related to ozone formation • The Board is interested in what enforcement options (compliance) would look like for potential regulations and would like more information about what would be considered in potential code updates. Ideally, they would like a more proactive approach of laying the groundwork for Option 2 and full cost and scope of Option 2. b. Air Quality Plan Update, 7:15 – 7:45 Cassie Archuleta, Air Quality Program Manager, provided an update regarding the development of an Air Quality Plan. AIR QUALITY ADVISORY BOARD TYPE OF MEETING – REGULAR 9/16/19 – MINUTES Page 4 • The plan has been drafted and the Board requested and was offered access to the draft to comment on it. The next step will be to circulate it internally, then release it to the public for comment. Staff Follow Up: Cassie will send a draft to the Board next Monday. 8. BOARD MEMBER AND STAFF REPORTS • Although the Board will be short by two members, none will be recruited until Council has determined a plan to restructure City boards. Jakob will reach out directly to the Council Liaison to note that AQAB would like to recruit the missing members. • Harry noted that in late August a Federal court ruled that the reduction of the ozone standard from 75 to 70 ppb for ozone will remain in effect permanently. • There is a RAQC meeting on Wednesday, 9/18/19 at which serious ozone non- attainment will be discussed. Karen will send a link out to watch the meeting online. • Matt noted that the Colorado Chamber of Commerce submitted a formal statement in opposition to a serious non-attainment designation arguing that the economic impact would be far greater than initially thought and would do more damage than good for attainment efforts. Matt will forward link to written statement. • Jakob suggested a small copy edit to the Board’s work plan. • Dr. Jeff Collett was elected to the RAQC Board. • The State has released an enhanced ozone monitoring plan and the City will make comments on it. Staff Follow-Up: Cassie will send these comments to the Board. • Karen noted that there will be opportunity for public comment in Loveland on 12/16/19; the AQCC is having first hearing related to SB-181 in December. Karen will distribute this information. 9. OTHER BUSINESS • Next month’s agenda will include an air quality data update, a reassessment of external board liaisons, review of the draft air quality plan and a West Nile follow-up discussion if time permits. 10. ADJOURNMENT 7:57 pm