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Site Suitability and Environmental Justice

This presentation discusses the site suitability requirements under Virginia Code §1307E and the factors considered by the DEQ in issuing air permits. It also highlights the local zoning authority and conditions outlined in the Buckingham County Special Use Permit.

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Site Suitability and Environmental Justice

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  1. Site Suitability and Environmental Justice Virginia State Air Pollution Control Board MeetingDecember 19, 2018 DEQ Presentation - BCS (Day 3)

  2. Site Suitability Va. Code §1307E • Section 1307E.3 of the Virginia Code requires DEQ to consider the “suitability of the activity to the area in which [the proposed facility] it is located” when issuing air permits DEQ Presentation - BCS (Day 3)

  3. Site Suitability • Factors considered by DEQ • Federal Energy Regulatory Commission’s Final Environmental Impact Statement • Alternatives analysis • Cultural resources • Union Hill-Woodson Corner Rural Historic District status request • Inventory of nearby emissions sources • Buckingham County Board of Supervisors Special Use Permit DEQ Presentation - BCS (Day 3)

  4. Site Suitability – Local Zoning Authority • Va. Code §15.2-2200, et seq., confers zoning authority on local jurisdictions • Encourage localities to improve the public health, safety, convenience and welfare of citizens and take into consideration of needs of agriculture, industry and business in future development • 15.2-2212 requires planning commissioners to be residents of the locality, qualified by knowledge and experience to make decisions on community growth and development • 15.2-2280 provides localities may regulate and determine the use of land, buildings and structures for agricultural, business, industrial, residential and other specific uses DEQ Presentation - BCS (Day 3)

  5. Site Suitability - Buckingham County Special Use Permit • Buckingham County Board of Supervisors approvedSpecial Use Permit for BCS by 5-0 vote (2 abstentions)on Jan. 5, 2017 • Letter from Buckingham County zoning administratorto ACP on Jan. 11, 2017, contained 41 comprehensiveconditions Board of Supervisors attached to theSpecial Use Permit • Requirements related to operations, safety, emergencyprocedures, facility design, appearance, location,construction, noise, light, traffic, compliance and enforcement • Certification received on Feb. 21, 2017 • DEQ cannot issue an air permit until it has received certification from the local jurisdiction that the proposed has met all local ordinances and other requirements DEQ Presentation - BCS (Day 3)

  6. Buckingham County Special Use PermitConditions • Condition 4 – Emergency Response • During normal operating hours, the applicant is responsible for providing the first response to any emergency in relation to the compressor station • Applicant shall coordinate with the County for training needs of county volunteer first responders to safeguard the public from any event that occurs from this compressor station. • The applicant shall prepare an Emergency Preparedness Plan in accordance with the U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration regulations, to be submitted to the County for review and comment prior to implementation of operations. DEQ Presentation - BCS (Day 3)

  7. Buckingham County Special Use PermitConditions • Condition 40 – Emergency Response • Applicant will develop, in consultation with the County, a Crisis Response Plan that will incorporate appropriate notifications with the Buckingham County Dispatch office so that if a gas leak, fire or other eminent danger occurs, the Buckingham Dispatch is promptly notified of the incident. • The Buckingham Dispatch office will be contacted with further details for dissemination in the code red alert system • Applicant will coordinate an emergency simulation with Buckingham County Emergency responders to practice the Crisis Response Plan within the first year of operation • Applicant will implement a prior notification process with the County relative to planned blowdown events DEQ Presentation - BCS (Day 3)

  8. Buckingham County Special Use PermitConditions • Conditions 33, 34, 35 and 36 – Safety • Shut off valves shall be installed on both the inflow and outflow lines of the compressor station as well as at the connection with Transco and these valves shall be designed to operate automatically, remotely and manually • The monitoring system and valves must be programmed to alarm and call out personnel to investigate and manually monitor the station when monitoring communications are lost • A back-up system for monitoring communications and emergency notification must be installed • A fire break shall be created and maintained between the facility and adjacent properties … shall consist of 50 feet of grass, grown in a manner to be utilized as a fire line for back burning or gravel and shall be clear of trees and shrubs DEQ Presentation - BCS (Day 3)

  9. Buckingham County Special Use PermitConditions • Conditions 6 and 18– Noise • Noise attenuation measures will be implemented making all reasonable efforts such that noise levels attributable to normal plant operations and during planned blowdown events will be kept to an L90 reading of 55 dBA (decibels) or less at the property lines • Noise levels attributable to normal plant operations will be less than 55 dBA at any adjacent existing building that is not on the subject property • Silencers shall be used during blowdowns and noise levels shall be maintained as outlined in condition 6 DEQ Presentation - BCS (Day 3)

  10. Buckingham County Special Use PermitConditions • Conditions 8, 9 and 10 – Light • Exterior lighting will be directed downward and inward to the extent feasible in order to prevent any glare on adjacent properties • Exterior lighting for work areas of the station to be switched off while not in use • Any lighting for surveillance will be at minimum foot-candles for visibility and shall be pointed downward • Site lighting shall not exceed 5 foot-candles in exterior working areas and 2 foot-candles in parking and non-working areas • All lighting will be shielded to prevent light pollution • Light trespass shall be limited to and should not exceed 0.5 foot-candles DEQ Presentation - BCS (Day 3)

  11. Buckingham County Special Use PermitConditions • Conditions 12, 15, 16 and 20 – Location, Buffer and Traffic • The compressor station and accessory facilities used for the compression shall be centrally located on the property • Fencing and all structures shall have a minimum setback of 100 feet from all property lines • Existing trees along the northwestern property line and along the front of the property shall be maintained as a buffer for the life of the station • A traffic management plan to be approved by VDOT shall be submitted as part of the overall site development plan DEQ Presentation - BCS (Day 3)

  12. Federal Energy Regulatory Commission’sFinal Environmental Impact Statement • FEIS completed July 2017 • Alternatives analysis • No-action alternative • Compressor station alternative location • Cultural resources analysis • Archaeological survey • Historic structures survey • Union Hill area survey • Unanticipated Discovery Plan • Programmatic Agreement DEQ Presentation - BCS (Day 3)

  13. Atlantic Coast Pipeline No-Action Alternative Rejected by Federal Energy Regulatory Commission • “The lack of a new pipeline with access to supply sources into the region could prolong the existing supply constraints in the proposed delivery areas, which could create winter-premium pricing and exacerbate price volatility for all natural gas users in the areas, and could increase the difficulty for others … in finding economical gas supplies. “ • “The burning of natural gas at power plants to produce electricity results in reduced air emissions compared to other fossil fuels, such as coal and fuel oil. According to the EPA natural gas produces at least 50 % less CO2 , almost 70% less NOx, and about 99% less SO2 compared to a coal-fired power plant.” DEQ Presentation - BCS (Day 3)

  14. Atlantic Coast Pipeline No-Action Alternative Rejected by Federal Energy Regulatory Commission • “In summary, the no-action alternative would avoid the environmental impacts of the proposed projects, but would likely result in the need for an alternate energy means to satisfy the demand for natural gas and energy in the project area…. Given consideration of these factors, we conclude that the no-action alternative is not preferable to ACP … and we do not recommend it” (p. 3-3) DEQ Presentation - BCS (Day 3)

  15. Federal Energy Regulatory Commission Considered Alternative to BCS Site • Located at Midland Road, 1.9 miles SW of present site • Constraining factors • Sufficient land • Access to Transco Pipeline • Willing seller • Eminent domain not available DEQ Presentation - BCS (Day 3)

  16. Buckingham Compressor Station Alternative Site Analysis • FERC found: • The environmental impacts between the proposed site and the Midland Road Alternate site are similar but alternative site would require additional 1 mile of pipeline and would increase the construction footprint of ACP • “Since analysis in sections 4.9.9.1 and 4.11.1.3 concludes that operation of the compressor station would not cause or contribute to a violation of the federal air quality standards we do not believe health would be adversely affected or that the alternative site would be necessary for reasons of air quality or public health” (p. 3-58) DEQ Presentation - BCS (Day 3)

  17. Federal Energy Regulatory Commission Rejected BCS Alternative Site • “The Norwood –Wingina and Warminster Historic Districts are 4.5 and 5.9 miles from the proposed compressor station site, respectively, and the Yogaville Ashram is over 4.5 miles from the site. Therefore, these areas would not be affected by construction or operation of the facility, and moving the compressor station 1.9 miles to the southwest would not provide a measurable benefit“ • “Considering these factors, [FERC] concludes that the Midland Road Alternative compressor station site does not offer a significant advantage, and we do not recommend it” (p. 3-58) DEQ Presentation - BCS (Day 3)

  18. Federal Energy Regulatory Commission’s Cultural Resources Assessment • FERC, Virginia Department of Historic Resources and applicant coordinated on cultural resource assessment • Phase 1 Archaeological Survey conducted on BCS site 2015-2016 • No previously recorded or new archaeological sites, cemeteries or other cultural resources found on site • VDHR concurred 2/2017 • Historic structures survey conducted 2015-2018 • No structures found eligible for listing on NRHP • VDHR concurred 2018 DEQ Presentation - BCS (Day 3)

  19. FERC-Requested Union Hill Cultural Resources Assessment • At FERC’s 4/2017 request, applicant’s consultant ERM resurveyed area surrounding BCS site with goal to “identify resources that were integral to the development of the area as an African-American community associated with Union Hill and Union Grove Baptist churches in the post-Civil War era” • In addition to survey, ERM conducted historical research at local repositories and photographed structures located within a 0.5-mile radius of BCS site in order to document the historic character of the surrounding community DEQ Presentation - BCS (Day 3)

  20. FERC-Requested Union Hill Cultural Resources Assessment • Findings of ERM’s survey indicated area, “dominated by rural, non-farm residences constructed since World War II and generally lacking the historic built environment and agricultural landscape features that characterized area’s late nineteenth and early twentieth century development as a distinct community” (5/2017) • VDHR concurred in findings (7/2017) DEQ Presentation - BCS (Day 3)

  21. Assurance of Continued Protection of Cultural Resources • Unanticipated Discovery Plan Identifies procedures to be implemented in the event that previously unreported and unanticipated cultural materials or human remains are found during construction of the ACP in Virginia (submitted to FERC 1/2018) • Programmatic Agreement 1/2018 • Assure compliance with the National Historic Preservation Act DEQ Presentation - BCS (Day 3)

  22. Union Hill-Woodson Corner Request for Rural Historic District Status • Preliminary Information Form submitted to Virginia Department of Historic Resources 2/2017 • “The significance of the proposed Union Hill/Woods Corner Rural Historic District stems from the manner in which the parent plantation land became, after Emancipation, a community established after the Civil War by Freedmen (who had acquired their freedom before Emancipation) and a large number of Emancipated African-Americans. A majority of the current residents of Union Hill are descendants of the Freedmen and slaves who started the community.” • VDHR site visit and asked follow-up questions 5/2017 DEQ Presentation - BCS (Day 3)

  23. Union Hill-Woodson Corner Request for Rural Historic District Status • Virginia Department of Historic Resources concluded area does not qualify for Rural Historic District status based on information provided • While area’s history is compelling it does not differ from Buckingham County as a whole • Lack of surviving historically relevant structures • Intense logging and deforestation of area likely destroyed archaeology • Few surviving Reconstruction era and early 20th century clustered settlements to represent context of African American heritage DEQ Presentation - BCS (Day 3)

  24. Environmental Justice • “The fair and meaningful involvement of all people regardless of race, color, faith, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies” • Executive Order 73 (2017) • Objective of the Commonwealth to develop “energy resources and facilities in a manner that does not impose a disproportionate adverse impact on economically disadvantaged or minority communities” • Va. Code 67-101.12 • “DEQ’s existing obligations to ensure that all regulated entities comply with health-based standards will continue in all permitting activities to reduce public health burdens on all populations” • 2018 Virginia Energy Plan, p. 58 DEQ Presentation - BCS (Day 3)

  25. Environmental Justice • Factors considered by DEQ • Air modeling • EJSCREEN • Public comments • Dr. Fjord’s analysis • Federal Energy Regulatory Commission’s Final Environmental Impact StatementEJ analysis • Additional available Information includes the demographic analysis prepared by ESRI at the Board’s request DEQ Presentation - BCS (Day 3)

  26. EJSCREEN • EJSCREEN developed by EPA as an environmental justice mapping and screening tool with nationally consistent dataset and approach for combining environmental and demographic indicators • Incorporates recommendations from National Environmental Justice Advisory Council (NEJAC) • Should be used only as screening tool and indicator if further investigation warranted DEQ Presentation - BCS (Day 3)

  27. EJSCREEN6 Demographic Indicators • Percent low income • Less than/equal twice federal poverty level • Percent minority • Other than single-race non-Hispanic white • Less than high school education • % over age 25 • Linguistic isolation • Individuals under age 5 • Individuals over age 64 DEQ Presentation - BCS (Day 3)

  28. EJSCREEN11 Environmental Impact Indicators • Particulate matter (PM2.5) • Ozone • National Air Toxics Assessment (NATA) diesel PM • NATA = EPA ongoing evaluation of national air toxics exposure • NATA cancer risk (risk per mm) • NATA respiratory hazard index • Traffic proximity and volume (daily traffic count/distance to road) • Lead paint indicator (% pre-1960 housing) • Superfund proximity (site count/km distance) • Risk Management Plan proximity (facility count/km distance) • Hazardous waste proximity (facility count/km distance) • Wastewater discharge indicator DEQ Presentation - BCS (Day 3)

  29. EJSCREEN Presentation of Data for Studied Areas • Data for 6 demographic indicators presented as % of population of a studied area • Compared to %’s for state, EPA region, and nation • Data for 11 environmental indicators presented as an impact value unique to each indicator • Each impact value for a studied area also presented as percentiles comparing risk in studied area with state, EPA region and nation • Higher the percentile, higher the relative risk • >50 percentile means risk posed to population of studied area by that indicator greater than risk posed to population of state as a whole • <50 percentile means risk posed to population of studied area by that indicator less than risk posed to population of state as a whole DEQ Presentation - BCS (Day 3)

  30. DEQ EJSCREEN Results Demographics • DEQ conducted four EJSCREEN runs centered on BCS location • One, two, five, and 20 mile radius • Demographic data consistent for all runs • Minority population varied between 37-39% vs Va. ave. 37% • Low income population varied between 39-41% vs Va. ave. 27% • Less than high school education population varied between 19-24% vs Va ave 11% • >64 yr old population varied between 16-22% vs Va ave 14% DEQ Presentation - BCS (Day 3)

  31. DEQ EJSCREEN ResultsEnvironmental Impact Indicators • Seven environmental indicators fell below 20th percentile for risk when compared to Virginia as a whole for all four runs • PM2.5 – 10 to 15th percentile • Ozone – 3rd percentile • NATA diesel Pm – 5 to 7th percentile • NATA air toxics cancer risk – 20th percentile • NATA respiratory hazard index – 6 to 7th percentile • Traffic proximity and volume – 6 to 18th percentile, increasing with distance from BCS location • Hazardous waste proximity – 4 to 6th percentile • RMP proximity risk ranged from 16 to 48th percentile, increasing with distance from BCS location DEQ Presentation - BCS (Day 3)

  32. DEQ EJSCREEN ResultsEnvironmental Impact Indicators • Three non-air-related environmental impact indicators fell above 50th percentile when compared to state as a whole for all four runs • Lead paint indicator – 61 to 62nd percentile (due to % of pre-1960s housing) • Superfund proximity – 58 to 80th percentile (due to presence of Buckingham County Landfill Superfund site approximately 10 miles from the BCS location) • Wastewater discharge indicator – 82 to 90th percentile DEQ Presentation - BCS (Day 3)

  33. Implications of EJSCREEN Results • Indicates residents of area overall face potential environmental risks below those faced by Virginia residents as a whole • Seven of 11 environmental indicators showed impacts to area surrounding BCS substantially below risks to state as a whole • One environmental indicator (RMP proximity) showed impact somewhat below that of state as a whole • Only three non-air-related environmental impact indicators fell above 50th percentile compared to the state as a whole DEQ Presentation - BCS (Day 3)

  34. Federal Energy Regulatory CommissionEJ Analysis • Noted one potential EJ issue with respect to asthma • “Due to high rates of asthma within the overall African American community, we consider this community especially sensitive. . . . African American populations have a greater prevalence of asthma. Thus, it is reasonable to assume that, where African American populations exceed the thresholds for environmental justice populations identified in this analysis, those populations have an increased risk over Caucasian populations (and therefore disproportionate) of experiencing adverse effects from decreased air quality.” (p. 4-513, p. 4-514) DEQ Presentation - BCS (Day 3)

  35. FERC EJ Analysis Conclusion • “Health impacts from compressor station emissions would be moderate because, while they would be permanent facilities, air emissions would not exceed regulatory permittable levels. As a result, no disproportionately high and adverse impacts on environmental justice populations as a result of air quality impacts, including impacts associated with the proposed Compressor Station 2, would be expected as a result of ACP. . . .” (p. 4-514) • FERC concluded area surrounding BCS an “EJ area” for income indicator only, not for minority indicator (p. 4-513) DEQ Presentation - BCS (Day 3)

  36. Other Material Pertaining to EJ • Dr. Fjord’s analysis • Area w/in 1.1 miles of BCS = 83% minority • Updated ESRI demographic analysis (requested by board) • Area w/in 0.5 miles of BCS = 22.2% minority • 1 mile = 29.3% minority • 2 mile = 28.5% minority • Per capita and median household income of BCS area higher than state as whole • Results reviewed by VCU Douglas Wilder School of Public Policy DEQ Presentation - BCS (Day 3)

  37. EJ Summary • Dr. Fjord’s analysis indicates area surrounding BCS is an “EJ area” for minority population • FEIS concludes EJ area for income only • ESRI concludes not EJ area for either category DEQ Presentation - BCS (Day 3)

  38. Conclusions • Air modeling indicates emissions from BCS will not harm human health • Area surrounding BCS contains few existing air pollution sources and far fewer than Virginia average • Data indicate environmental risks faced by residents of area surrounding BCS overall are lower than those faced by residents of Virginia as a whole • No data indicate BCS would impose any disproportionate adverse environmental or health impacts on surrounding area when compared to Virginia as a whole DEQ Presentation - BCS (Day 3)

  39. Recommendation to the Board (page 1) The staff recommends that the Board, based on (1) the Board book material that contains a memorandum to the Board, a clean copy of the draft permit, a track change copy of the draft final permit, the permit engineering analysis, the air quality analyses review, a list of commenters and a sampling of all written comments received; and a summary of and response to public comments; (2) the public comments made available to the Board; DEQ Presentation - BCS (Day 3)

  40. Recommendation to the Board (page 2) (3) the agency files on the draft permit, including the application for a permit; (4) public comments made at the Board meeting; (5) the staff presentation; and (6) Board discussions, and based on consideration of the reasonableness of the activity involved and the regulations proposed to control it pursuant to § 10.1-1307E, DEQ Presentation - BCS (Day 3)

  41. Recommendation to the Board (page 3) 1. find that: a) the permit has been prepared in conformance with all applicable statutes, regulations and agency practices; b) the limits and conditions in the permit have been established to protect public health and the environment; and c) all public comments relevant to the permit have been considered; DEQ Presentation - BCS (Day 3)

  42. Recommendation to the Board (page 4) 2. approve the permit and conditions as presented today; and 3. authorize the Director to issue the permit as approved by the Board. The staff further recommends that the Board incorporate the above-referenced memorandum, permit engineering analysis, and response to comments into its decision to approve the permit. DEQ Presentation - BCS (Day 3)

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