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What is
CEQA?
The
California Environmental Quality Act
(CEQA) was adopted in 1970 and
incorporated in the Public Resources Code §§21000-21177. Its basic purposes are
to: inform governmental decision makers and the public about the potential significant
environmental effects of proposed activities; identify ways that environmental damage can
be avoided or significantly reduced; require changes in projects through the use of
alternatives or mitigation measures when feasible; and disclose to the public the reasons
why a project was approved if significant environmental effects are involved. CEQA
applies to projects undertaken, funded or requiring an issuance of a permit by a public
agency. The analysis of a project required by CEQA usually takes the form of an
Environmental Impact Report (EIR), Environmental Impact Statement (EIS), Negative
Declaration (ND), or Environmental Assessment (EA).
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What is
NEPA?
The National
Environmental Policy Act (NEPA) of 1969 established national policies and goals for the
protection of the environment. NEPA directs all federal agencies to give appropriate
consideration to the environmental effects of their decision making and to prepare
detailed environmental impact statements (EIS) on recommendations or reports on proposals
for legislation and other major federal actions significantly affecting the quality of the
environment. NEPA is divided into two titles. Title I outlines a basic
national charter for protection of the environment. Title II establishes the Council
of Environmental Quality (CEQ) which monitors the progress made toward achieving NEPA
goals, advises the president on environmental issues and provides guidance to other
federal agencies on compliance with NEPA.
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What is a lead agency?
A lead agency is
the public agency that has the principal responsibility for carrying out or approving a
project that is subject to CEQA. In general, a local government agency with
jurisdiction over general land uses is the preferred public agency serving as lead
agency. The lead agency is responsible for determining the appropriate environmental
document, as well as its preparation. Under NEPA, the lead agency is a federal
agency with a similar role, i.e. is the agency with the primary responsibility for
preparing an EIS.
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When is the AQMD a
lead agency?
The AQMD typically acts as lead agency for
its own projects (e.g., adoption of rules, regulations, or plans) or permit projects filed
with the AQMD where the AQMD has
primary approval authority over the project and the project has not previously
undergone a CEQA analysis.
The AQMD is
not a lead agency for land use projects such as shopping malls, housing
tracts, commercial or industrial parks, sports stadiums, etc. For these
types of projects the AQMD has no jurisdictional approval authority. If
you have questions on these types of land use projects, you need to contact
the city or county in which the project is located.
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What is a
responsible agency?
A responsible agency is a public
agency with discretionary approval authority over a portion of a CEQA project (e.g.,
projects requiring a AQMD permit). As a responsible agency, the AQMD is available to
the lead agency and project proponent for early consultation on a project to apprise them
of applicable rules and regulations, and provides guidance on applicable air quality
analysis methodologies or other air quality-related issues, etc. Under NEPA, the
federal agency that plays a role similar to the responsible agency under CEQA is called a
cooperating agency.
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What is a commenting
agency?
A commenting agency is a public
agency with "jurisdiction by law" over a particular natural resource, but is
neither a lead agency nor a responsible agency. The AQMD, for example, is the sole
and exclusive local agency in the district with the responsibility for comprehensive air
pollution control, and therefore reviews and comments on the air quality analysis in
environmental documents submitted to the AQMD.
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What is a trustee
agency?
A trustee agency is a state agency
having jurisdiction by law over natural resources affected by a project which are held in
trust for the people of the State of California. Trustee agencies include: The
California Department of Fish and Game with regard to the fish and wildlife of the state,
to designated rare or endangered native plants, and to game refuges, ecological reserves,
and other areas administered by the department; the State Lands Commission with regard to
state owned "sovereign" land such as the beds of navigable waters and state
school lands; the State Department of Parks and Recreation with regard to units of State
Park System; and the University of California with regard to sites within the Natural Land
and Water Reserves System.
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What projects
are subject to CEQA?
CEQA applies to projects undertaken
by a public agency, funded by a public agency or requires an issuance of a permit by a
public agency. A "project" means the whole of an action that has a
potential for resulting in physical change to the environment, and is an activity that may
be subject to several discretionary approvals by governmental agencies. A
"project" may include construction activities, clearing or grading of land,
improvements to existing structures, and activities or equipment involving the issuance of
a permit.
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Who is exempt from
CEQA?
A project is exempt from CEQA if by
statute, if considered ministerial or categorical, or where it can be seen with certainty
that there is no possibility that the activity in question may have a significant effect
on the environment (general rule exemption). Statutory exemptions are those granted
by the Legislature and the complete list of statutory exemptions can be found in the CEQA
Guidelines, Article 18. Projects are ministerial when a the government decision involves
no discretion by the public official as to the wisdom or manner of carrying out the
project, such as a building permit. A categorical exemption is based on a finding by the
Secretary for Resources that the class of projects does not have a significant effect on
the environment. The list of categorical projects can be found in the CEQA Guidelines,
Article 19.
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What is an
EIR, an EA or an EIS, and when is it required?
An environmental impact report
(EIR) is a detailed report written by the lead agency describing and analyzing the
significant environmental effects of a proposed project, identifying alternatives and
discussing ways to reduce or avoid the possible environmental damage. An EIR is
prepared when the lead agency finds substantial evidence that the project may have a
significant effect on the environment. An environmental assessment (EA) is a
substitute for the EIR under the Certified Regulatory Program. An environmental
impact statement (EIS) is an environmental impact document prepared pursuant to NEPA, in
place of the term EIR which is used in CEQA.
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What is a Negative
Declaration and when is it required?
A negative declaration (neg dec or
ND) is a brief report written by the lead agency describing the reasons that a proposed
project, not exempt from CEQA, will not have a significant effect on the environment and
therefore does not require the preparation of an EIR. An ND is prepared when the
lead agency finds that there is no substantial evidence that a project may have a
significant environmental effect.
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What
is a Notice of Preparation (NOP)?
A notice of preparation (NOP) is a brief notice
sent by the lead agency to notify the responsible agencies, trustee agencies, and involved
federal agencies that the lead agency plans to prepare an EIR for the project. The
purpose of the notice is to solicit guidance from those agencies as to the scope and
content of the environmental information to be included in the EIR.
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What is an Initial
Study (IS)?
An initial study (IS) is a preliminary analysis
prepared by the lead agency to determine whether an EIR or a negative declaration must be
prepared or to identify the significant environmental effects to be analyzed in an
EIR.
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What
constitutes "significance"?
Significant effect on the
environment means a substantial, or potentially substantial, adverse change in any of the
physical conditions within the area affected by the project including land, air, water,
minerals, flora, fauna, ambient noise, and objects of historic or aesthetic
significance. The determination of whether a project may have a significant effect
on the environment calls for careful judgment on the part of the lead agency involved,
based to the extent possible on scientific and factual data. The lead agency shall
consider direct physical changes in the environment and reasonably foreseeable indirect
physical changes in the environment, which may be caused by the project.
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What is a
Certified Regulatory Program?
California Public Resources Code
§21080.5 allows public agencies with regulatory programs to prepare a plan or other
written document in lieu of an environmental impact report once the Secretary of the
Resources Agency has certified the regulatory program. Under its certified
regulatory program, the AQMD prepares substitute Environmental Impact Reports
(EIRs) or
negative declarations, which are called environmental assessments (EAs). The
AQMD‘s regulatory program was certified by the Secretary of the Resources Agency on
March 1, 1989, and is codified as AQMD Rule 110. Regulatory programs apply to
agencies who adopt or approve standards, rules, regulations or plans, or involve the
issuance of a lease, permit, license, certificate, or other entitlement of use.
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What
is a ‘statute of limitations’?
A statute of limitations is the
period of time someone can file a court action challenging the approval of a
project. The time varies depending on the specific CEQA requirement applicable to
each project.
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What is a
‘400-CEQA’ form?
The AQMD has formalized its environmental review process by
developing Form 400-CEQA to be completed by the permit project applicant. Form
400-CEQA is a screening tool used by the AQMD to determine if the project is exempt from
CEQA, or if an analysis of potential environmental impacts is necessary.
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What is the AQMD Air Quality
Analysis Guidance Handbook?
The AQMD Air Quality Analysis
Guidance Handbook (Handbook) is being revised and is
intended to assist the CEQA practitioner with conducting an air
quality analysis for their CEQA documents. The Handbook provides baseline
information, recommendations for significance thresholds for both local and regional
impacts, how to calculate emissions from both the construction and the operational phases
of the project, how to assess the toxic impact and suggestions to best mitigate adverse
air quality impacts of the project. (The Handbook was previously called the
CEQA
Air Quality Handbook)
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How
do I get a copy of the CEQA Air Quality Handbook (SCAQMD, 1993)?
The
CEQA Air Quality Handbook (SCAQMD, 1993) is still the currently available guidance document for preparing
air quality analyses, but is in the process of being revised (and will be called
the AQMD Air
Quality Analysis Guidance Handbook). The 1993 CEQA Air Quality Handbook is
still available, however, there are
sections that
are obsolete. A list of these obsolete
sections can be found on the
CEQA Air Quality Handbook
(1993)
webpage. Copies
of the CEQA Air Quality Handbook (SCAQMD, 1993) can be obtained by contacting
AQMD's Subscription Services at (909) 396-3720.
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When
do I use the screening tables in Chapter 6 of the CEQA Air Quality Handbook
(SCAQMD, 1993)?
The screening tables
should no longer be used under any circumstances because they are based on
obsolete mobile source emission factors and trip generation data. The
reader should use the methodologies in the Appendix to Chapter 9 of the CEQA Air
Quality Handbook or use a land use model, such as URBEMIS.
Other air quality analysis methodologies not in the CEQA Air Quality Handbook
are acceptable as long as they are well documented, including source(s),
assumptions, equations used, calculations, etc.
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What
is the URBEMIS model, and what is it used for?
URBEMIS stands for
"Urban Emissions Model" and was originally
developed by the California Air Resources Board (CARB) as a modeling tool
to assist local public agencies with estimating air quality impacts from
land use projects when preparing a CEQA environmental analysis. The
model was developed as a user-friendly computer program that estimates
construction, area source, and operational air pollution emissions from a
wide variety of land use development projects in
California, such as residential neighborhoods, shopping centers, office
buildings, etc. The model also identifies mitigation
measures and emission reductions associated with specific mitigation
measures. URBEMIS 2007 for Windows (version
9.2.0) is the
latest revised edition. Frequently asked questions regarding the URBEMIS
model can be found on the
URBEMIS FAQ webpage.
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What
do I do if I have problems installing or running the URBEMIS model?
If you have any
questions or problems with the URBEMIS model, please send an e-mail to
http://www.urbemis.com/contact/contact.html
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What are the program changes reflected in the URBEMIS model version 9.2.0?
URBEMIS2007 version 9.2.0 was released in June 2007. The major
enhancements in this version are:
-
Improved appearance and organization of URBEMIS to make it easier and more
intuitive for the novice user while providing more options for the power
user.
-
Fixed
bugs discovered in version 8.7.
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Uses
EMFAC2007 emission factors (for on-road mobile sources).
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Allows
the user to select air basin and county specific EMFAC and default files.
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Uses
OFFROAD2007 emission factors (for off-road mobile sources).
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Allows
all construction phases to overlap.
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Allows
the user to specify additional construction phases.
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Enhanced procedure for estimating and mitigating architectural coating
emissions.
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Refined estimates of default construction equipment based on data
collected by the air districts.
-
Improved reporting capabilities, including selectable emission estimates,
plus reporting for two additional pollutants: PM2.5 and CO2
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What are the program changes reflected in the URBEMIS model version 8.7.0?
URBEMIS2002 version 8.7.0 was released on April 29th, 2005. The major
enhancements in this version are:
-
Residential land use
screens have been modified to include acreage. Residential trip rates are
now based on ITE trip generation rates and project density values.
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Revised area source and
operational mitigation measures have been incorporated into the model. The
area and operational mitigation measures are based on the latest research
on applicable mitigation measures.
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Natural gas fired stoves
and architectural coating emissions have been added to the area source
emission module of URBEMIS.
- The output report now includes a time and date stamp and detailed
information about each mitigation measure selected by the user.
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What
are the program fixes reflected in the URBEMIS model version 7.5.0?
The
following four "bugs" have been fixed in the URBEMIS model version
7.5.0 (April 2004):
1)The residential planned unit development (PUD) and congregate care
(assisted living) facility land uses have been modified to use residential
trip lengths rather than non-residential trip assumptions;
2)The mitigated construction demolition emissions will be shown in the
emissions report even when other phases are turned off;
3)The construction calculations (tons per year) were revised to fix an
addition error; and
4)The
program won't shutdown and return to the operating system when hitting the
building equipment "recalc with land uses" button before any land uses
have been selected.
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