Addressing Cumulative Impacts of Pollution: A CEQA Perspective

1. 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

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. Example Risk Indicator Source: Air Quality and Land Use Handbook (CARB, 2005)

12. Example Risk Indicator Source: Air Quality and Land Use Handbook (CARB, 2005)

13. 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

14. Where Should the Threshold be Set at Each Level?