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

Cumulative Impacts of Pollution & CEQA2 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

Cumulative Impacts of Pollution & CEQA3 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

Cumulative Impacts of Pollution & CEQA4 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

Cumulative Impacts of Pollution & CEQA5 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

Cumulative Impacts of Pollution & CEQA6 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

Cumulative Impacts of Pollution & CEQA7 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

Cumulative Impacts of Pollution & CEQA8 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

Cumulative Impacts of Pollution & CEQA9 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

Cumulative Impacts of Pollution & CEQA10 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

Cumulative Impacts of Pollution & CEQA11 Example Risk Indicator Source: Air Quality and Land Use Handbook (CARB, 2005)

Cumulative Impacts of Pollution & CEQA12 Example Risk Indicator Source: Air Quality and Land Use Handbook (CARB, 2005)

Cumulative Impacts of Pollution & CEQA13 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

Cumulative Impacts of Pollution & CEQA14 Where Should the Threshold be Set at Each Level? Impact LevelThreshold Project Alone? Incremental Contribution of Single Project? Existing Environment to Project?