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By Lee Burnett
Noise and PFAS concerns dominated discussion last week among folks looking at the adequacy of the city’s land-use controls for two looming new industries – a data center and biosolids gasification plant.
The Industrial Development Standards Task Force is reviewing zoning and ordinances to determine whether there are gaps in public health and safety protection. The review is prompted by recent moratoriums enacted on both the Aries Clean Technology project and Sanford Woods Industrial and Technical Campus.
Last week’s session centered on standards for biosolids gasification, though discussion strayed back and forth between projects. Task force members reviewed a checklist of 20 items, including environmental concerns, truck routing, third party monitoring, financial assurance, decommissioning, emergency response and neighborhood compatibility. The review also includes consideration of the adequacy of state regulation in key areas, such as the regulation of PFAS, or so-called forever chemicals.
Noise regulation seemed to be a particularly thorny topic. Member Alex Clary noted that noise is among the top three concerns of people who signed moratorium petitions. The Maine Department of Environmental Protection (DEP) has developed standards for noise, which is typically measured at the property line with a decibel meter. But as Planning Director Jamie Cole noted, many modern kinds of equipment give off a humming vibration that “will never trip” a noise meter because it is more felt than heard, adding that cooling technology and air handlers are particularly problematic.
“I believe that is going to be the noise of the future,” he said. “We have to start there … with the lower-frequency noise.”
Deputy Mayor Maura Herlihy said the city’s experience regulating the noise of gravel pits has prompted her to believe a “reasonableness” standard should prevail.
“I’m not so sure we can prevent all noise,” she said. “What is realistic? What is not harmful?”
Keith McBride, director of the Sanford Regional Economic Growth Council, questioned how limits would be enforced, given the subjectiveness of certain noises.
When asked directly about his research into noise regulation in other jurisdictions, Cole said, “I’ve not found anything that I think is sufficient.”
PFAS may be even more difficult to regulate. As Dave Parent, superintendent of the Sanford Water District, noted, PFAS is not a single chemical but a group. “We can test for 29 of them, but there are 13,000 to 15,000 in all. Let that sink in.” “The good news is that regulating the most common ones may also regulate the less common ones,” said Parent.
City Manager Steve Buck said he has been pressing the DEP to learn if Maine will adopt the PFAS standard adopted by Michigan, said to be the most stringent in the country. Buck went on to say, “I haven’t gotten that assurance yet.”
Mark Lyons, director of business development for Aries, said the company has conducted air emissions modeling on its Linden, NJ, plant and asserted that the PFAS emissions are “hundreds of times lower than Michigan.” He acknowledged that the current standard of PFAS testing of air emissions is a “snapshot in time” rather than continuous monitoring.
There was disagreement about whether the city should conduct an independent peer review of PFAS data collected by the state. McBride questioned the purpose of additional review if the city lacks the technical expertise to interpret it. “I don’t know what the purpose would be,” he said.
Cole said local ordinances already give the city authority to get peer review analysis. “I want to reserve that right. We might want to be stricter,” Cole said.
The task force is expected to continue its work until at least January. It is staffed with a mix of paid city staff, elected officials, industry representatives and members of the public.
Members of the task force are: citizens Alex Clary, Don Jamison, Steven Benotti and Joe Gorsun; David Parent/Keith Levasseur (alternate) from the Sanford Water District; Andre Brousseau (or alternate as needed) from the Sanford Sewerage District; City Manager Steve Buck, Planning Director Jamie Cole, Alex Burbank from the Codes Enforcement office; Director of the Economic Growth Council Keith McBride, Planning Board vice-chair Tom Morgan; Randy Gibbs, Sanford Woods Industrial and Technical Campus developer; Rich Jordan, Flycatcher Environmental Services; Mark Lyons (or Joel Thornton), Aries Clean Technologies; David Nickerson, Industrial Development Corp.; and city councilors Maura Herlihy and Cheney Plante.
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