1 Completing the CEQA Checklist Terry Rivasplata

2 Purpose of the Checklist  Used to evaluate environmental effects  Promotes a consistent approach  Requires review of all environmental impacts (not just water quality)  Provides framework for environmental analysis  Requires explanations for each determination

3 Use the Correct Checklist  Correct for Certified Regulatory Programs  State Board CEQA regulations Appendix A  Framework for SED environmental analysis  Under revision for Water Boards  Incorrect for CRP processes  CEQA Guidelines Appendix G  Model checklist for initial study preparation  Used for “normal” CEQA

4 What Topics Are Covered?  Aesthetics  Agricultural resources  Air quality  Biological resources  Cultural resources  Geology and soils  Hazards and hazardous materials  Hydrology and water quality  Land Use/planning  Mineral resources  Noise  Population and housing  Public services  Recreation  Transportation and traffic  Utilities and service systems

5 Water Quality and Beyond…  Lead agency must analyze all environmental impacts in all topic areas—not just water quality  Provide sufficient technical basis for all determinations  Analysis must provide enough information to allow Board members to make an independent judgment to approve the SED  Lead agency must take full ownership of contents and validity of the SED  May incorporate technical input from others  May even use draft prepared by dischargers or others, as long as analysis reflects our best work and judgment

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7 Determining “Significance”  “Fair argument”  Thresholds from other agencies’ plans and regulations  Mandatory findings of significance (Checklist XVII)

8 “Fair Argument” Test  If anyone presents evidence that a project may have a significant effect on the environment, the lead agency must prepare an EIR-level SED—even when presented with contrary evidence  The SED must analyze each of these potentially significant effects  City of Arcadia case (LA Trash TMDL) CEQA Guidelines 15064(f)

9 More about Fair Argument  A fair argument must be based on evidence:  Facts, supposition predicated upon facts, and/or expert opinion based on facts  NOT unsupported opinion or controversy alone  A fair argument may be raised at any time while the administrative record is open  From beginning the process until the final decision

10 Fair Argument and SED  Even if an impact doesn’t reach a threshold of significance, a fair argument can cause the lead agency to treat the impact as significant in the SED  The SED must identify these effects as potentially significant  Further analysis will be required to evaluate these impacts  Mitigation measures may reduce significance of these impacts -- Mitigated Neg Dec-level SED

11 Thresholds of significance  Established standards may define when an impact is significant  Standards of other agencies Examples: water quality standards, noise ordinances, air quality standards, etc. Examples: water quality standards, noise ordinances, air quality standards, etc.  Many of these are published in agencies’ regs, guidelines, or plans

12 Thresholds of Significance (cont’d)  These help determine when an impact can be considered less than significant  However, thresholds are trumped by a “fair argument”

13 Mandatory Findings of Significance  Check the left column box on Question XVII if the project will:  Substantially degrade environmental quality  Substantially reduce fish or wildlife habitat  Cause a fish or wildlife habitat to drop below self- sustaining levels  Threaten to eliminate a plant or animal community  Substantially reduce numbers or restrict range of a rare, threatened, or endangered species  Eliminate important examples of major periods of California history or prehistory

14  Or, check the left box if the project will  Cause substantial adverse effects on humans  Achieve short-term environmental goals to detriment of long-term goals  Result in possible cumulative impacts  (partial list; see Guidelines §15065) Mandatory Findings of Significance, cont’d

15 Checklist Categories: The Four Columns  Potentially significant impact  Less than significant with mitigation incorporated  Less than significant impact  No impact

16 Potentially Significant Impact  The project may have a substantial adverse impact on the environment OR  Mitigation has been identified but is within jurisdiction and discretion of others to impose  Any one check in this column requires an EIR-level SED (or mitigation/recirculation)

17 Less than Significant With Mitigation Incorporated  Mitigation must be within Water Board authority, or relatively certain to be required by another agency  Neg Dec or Mitigated Neg Dec-level SED possible if:  There are no checks in the potentially significant column  AND  All mitigation measures are incorporated into the project before public document review  Incorporation of mitigation after public review may require recirculation

18 Less Than Significant Impact  Environmental impact is not substantial OR  Impact is not adverse

19 No Impact  The project will not affect the resource being analyzed

20 Scan Your Checks!  Any check in the far left column requires an EIR-level SED  If applicable, consider additional mitigation/ recirculation If all checks are in the right three columns, you get to do a Neg Dec-level SED! If all checks are in the right three columns, you get to do a Neg Dec-level SED!  Unlikely for TMDLs—where we can’t specify manner of compliance, and must specify reasonable range of compliance measures and analyze  For CRPs, distinction between Mitigated Neg Dec- and Neg Dec-level SEDs is largely immaterial

21Explanations  Support each check with an Explanation  All checklist conclusions must be supported by evidence and analysis  Sometimes this is simple  Sometimes it requires research or additional studies (include in analysis)  Sometimes it requires technical expertise or analysis  If you include explanations in the Staff Report, reference location in checklist

22 Example: Air Quality  Consult with local/regional air quality districts  Describe air quality regulatory status (e.g., attainment/non-attainment)  Describe regional air quality plans and policies  Describe existing ambient conditions and emissions  Will the project result in direct or indirect significant impacts on air quality?  Determination may depend on environmental setting

23 Resources  There are resources available to help analyze project impacts  The handout lists resources by subject  Use these resources to start researching the baseline, the resource issues, thresholds/standards, significance, and cumulative impacts

24 Questions?