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Addressing Cumulative Impacts of Pollution: A CEQA Perspective A Forum Presented by the Contra Costa County Hazardous Materials Commission December 4, 2008 Greg Tholen, Principal Environmental Planner Bay Area Air Quality Management District

Addressing Cumulative Impacts of Pollution: A CEQA Perspective A Forum Presented by the Contra Costa County Hazardous Materials Commission December 4,

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Page 1: Addressing Cumulative Impacts of Pollution: A CEQA Perspective A Forum Presented by the Contra Costa County Hazardous Materials Commission December 4,

Addressing Cumulative Impacts of Pollution: A CEQA Perspective

A Forum Presented by the Contra Costa County Hazardous Materials

Commission

December 4, 2008

Greg Tholen, Principal Environmental PlannerBay Area Air Quality Management District

Page 2: Addressing Cumulative Impacts of Pollution: A CEQA Perspective A Forum Presented by the Contra Costa County Hazardous Materials Commission December 4,

Cumulative Impacts of Pollution & CEQA

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Overview

California Environmental Quality Act District CEQA Guidelines Update BAAQMD Risk Thresholds for CEQA CEQA & Thresholds of Significance CEQA & Cumulative Impacts Concepts for Developing Thresholds

Page 3: Addressing Cumulative Impacts of Pollution: A CEQA Perspective A Forum Presented by the Contra Costa County Hazardous Materials Commission December 4,

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California Environmental Quality Act

Identify significant adverse effects Identify alternatives to proposed

project Avoid or mitigate significant effects Provide meaningful public disclosure Allow informed decisions Applies to public agency discretionary

actions

Page 4: Addressing Cumulative Impacts of Pollution: A CEQA Perspective A Forum Presented by the Contra Costa County Hazardous Materials Commission December 4,

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BAAQMD CEQA Guidelines Update BAAQMD CEQA Guidelines (1999) provide

guidance to local agencies on air quality analysis in environmental documents

Update efforts begin December 2008, scheduled completion mid-2009

Review existing thresholds, develop additional thresholds as needed

Develop justification and supporting evidence

Page 5: Addressing Cumulative Impacts of Pollution: A CEQA Perspective A Forum Presented by the Contra Costa County Hazardous Materials Commission December 4,

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BAAQMD Risk Thresholds for CEQA

Cancer risk > 10 in one million Hazard Index > 1 Applies to new receptors locating

near existing sources AND to new sources locating near existing receptors

Page 6: Addressing Cumulative Impacts of Pollution: A CEQA Perspective A Forum Presented by the Contra Costa County Hazardous Materials Commission December 4,

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Thresholds of Significance

Identifiable quantitative, qualitative or performance level of an effect

Adopted by resolution, rule or regulation

Developed through public review process

Supported by substantial evidence

Page 7: Addressing Cumulative Impacts of Pollution: A CEQA Perspective A Forum Presented by the Contra Costa County Hazardous Materials Commission December 4,

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Addressing Impacts Under CEQA

Changes in existing physical conditions

Significant effects caused by project to existing environment

Significant effects caused by the existing environment to the project

Page 8: Addressing Cumulative Impacts of Pollution: A CEQA Perspective A Forum Presented by the Contra Costa County Hazardous Materials Commission December 4,

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Cumulative Impacts When two or more individual effects,

considered together, are considerable “Cumulatively considerable” – incremental

effects are significant when viewed in connection with the effects of past, current and probable future projects

Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time

Page 9: Addressing Cumulative Impacts of Pollution: A CEQA Perspective A Forum Presented by the Contra Costa County Hazardous Materials Commission December 4,

Cumulative Impacts of Pollution & CEQA

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Mitigation Plans & Programs

Not cumulatively considerable if project complies with plan or mitigation program

Plan must provide requirements that will avoid or substantially lessen the cumulative problem in area project is located

Plan must be law or adopted by agency with jurisdiction over resources

Developed through public review process

Page 10: Addressing Cumulative Impacts of Pollution: A CEQA Perspective A Forum Presented by the Contra Costa County Hazardous Materials Commission December 4,

Cumulative Impacts of Pollution & CEQA

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Concepts for Developing Thresholds Plan-based

Based in science, plans sets regional path to sustainable, healthy environment

Establishes “fair-share” reductions from all sectors

Health/risk indicators Identify significant adverse change in

effect Based on increased risk, health effects

Page 11: Addressing Cumulative Impacts of Pollution: A CEQA Perspective A Forum Presented by the Contra Costa County Hazardous Materials Commission December 4,

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Example Risk Indicator

Source: Air Quality and Land Use Handbook (CARB, 2005)

Page 12: Addressing Cumulative Impacts of Pollution: A CEQA Perspective A Forum Presented by the Contra Costa County Hazardous Materials Commission December 4,

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Example Risk Indicator

Source: Air Quality and Land Use Handbook (CARB, 2005)

Page 13: Addressing Cumulative Impacts of Pollution: A CEQA Perspective A Forum Presented by the Contra Costa County Hazardous Materials Commission December 4,

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Levels of Impact Project alone – effect of single project

causes significant adverse change Effect of project is cumulatively

significant – incremental contribution Effect of multiple nearby existing

uses cause significant adverse impact to new project – existing environment to project

Page 14: Addressing Cumulative Impacts of Pollution: A CEQA Perspective A Forum Presented by the Contra Costa County Hazardous Materials Commission December 4,

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Where Should the Threshold be Set at Each Level?

Impact LevelThreshol

d

Project Alone ?

Incremental Contribution of Single Project

?

Existing Environment to Project ?