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Completing Completing the CEQA Checklistthe CEQA ChecklistTerry RivasplataTerry Rivasplata

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Purpose of the ChecklistPurpose of the Checklist

Used to evaluate environmental effects Used to evaluate environmental effects

Promotes a consistent approach Promotes a consistent approach

Requires review of Requires review of allall environmental impacts environmental impacts (not just water quality)(not just water quality)

Provides framework for environmental Provides framework for environmental analysisanalysis

Requires explanations for each Requires explanations for each determination determination

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Use the Correct ChecklistUse the Correct Checklist

Correct for Certified Regulatory ProgramsCorrect for Certified Regulatory Programs

State Board CEQA regulations Appendix AState Board CEQA regulations Appendix A

Framework for SED environmental analysisFramework for SED environmental analysis

Under revision for Water BoardsUnder revision for Water Boards

Incorrect for CRP processesIncorrect for CRP processes

CEQA Guidelines Appendix G CEQA Guidelines Appendix G

Model checklist for initial study preparationModel checklist for initial study preparation

Used for “normal” CEQAUsed for “normal” CEQA

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What Topics Are Covered?What Topics Are Covered?

AestheticsAesthetics Agricultural resourcesAgricultural resources Air qualityAir quality Biological resourcesBiological resources Cultural resourcesCultural resources Geology and soilsGeology and soils Hazards and hazardous Hazards and hazardous

materials materials Hydrology and water Hydrology and water

qualityquality

Land Use/planningLand Use/planning Mineral resourcesMineral resources NoiseNoise Population and housingPopulation and housing Public servicesPublic services RecreationRecreation Transportation and Transportation and

traffictraffic Utilities and service Utilities and service

systemssystems

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Water Quality and Beyond…Water Quality and Beyond…

Lead agency must analyze all environmental impacts in Lead agency must analyze all environmental impacts in all topic areas—all topic areas—not just water qualitynot just water quality

Provide sufficient technical basis for all determinations Provide sufficient technical basis for all determinations

Analysis must provide enough information to allow Board Analysis must provide enough information to allow Board members to make an independent judgment to approve members to make an independent judgment to approve the SEDthe SED

Lead agency must take full ownership of contents and validity of Lead agency must take full ownership of contents and validity of the SED the SED

May incorporate technical input from othersMay incorporate technical input from others

May even use draft prepared by dischargers or others, as long May even use draft prepared by dischargers or others, as long as analysis reflects our best work and judgmentas analysis reflects our best work and judgment

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Determining “Significance”Determining “Significance”

““Fair argument”Fair argument”

Thresholds from other agencies’ plans Thresholds from other agencies’ plans and regulationsand regulations

Mandatory findings of significance Mandatory findings of significance (Checklist XVII)(Checklist XVII)

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““Fair Argument” Test Fair Argument” Test

If anyone presents evidence that a project If anyone presents evidence that a project maymay have a significant effect on the have a significant effect on the environment, the lead agency must prepare environment, the lead agency must prepare an EIR-level SED—even when presented an EIR-level SED—even when presented with contrary evidencewith contrary evidence

The SED must analyze each of these The SED must analyze each of these potentially significant effectspotentially significant effects

City of Arcadia case (LA Trash TMDL) City of Arcadia case (LA Trash TMDL)

CEQA Guidelines 15064(f)

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More about Fair Argument More about Fair Argument A fair argument must be based on evidence: A fair argument must be based on evidence:

Facts, supposition predicated upon facts, and/or Facts, supposition predicated upon facts, and/or expert opinion based on facts expert opinion based on facts

NOT unsupported opinion or controversy alone NOT unsupported opinion or controversy alone

A fair argument may be raised at any time A fair argument may be raised at any time while the administrative record is open while the administrative record is open

From beginning the process until the final decisionFrom beginning the process until the final decision

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Fair Argument and SEDFair Argument and SED Even if an impact doesn’t reach a threshold Even if an impact doesn’t reach a threshold

of significance, a fair argument can cause of significance, a fair argument can cause the lead agency to treat the impact as the lead agency to treat the impact as significant in the SEDsignificant in the SED

The SED must identify these effects as The SED must identify these effects as potentially significant potentially significant

Further analysis will be required to evaluate Further analysis will be required to evaluate these impacts these impacts

Mitigation measures may reduce significance of Mitigation measures may reduce significance of these impacts -- Mitigated Neg Dec-level SEDthese impacts -- Mitigated Neg Dec-level SED

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Thresholds of significanceThresholds of significance

Established standards may define when Established standards may define when an impact is significant an impact is significant

Standards of other agenciesStandards of other agencies

• Examples: water quality standards, noise Examples: water quality standards, noise ordinances, air quality standards, etc.ordinances, air quality standards, etc.

Many of these are published in agencies’ Many of these are published in agencies’ regs, guidelines, or plansregs, guidelines, or plans

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Thresholds of Significance Thresholds of Significance (cont’d)(cont’d)

These help determine These help determine when when an impact can be an impact can be considered less than considered less than significant significant

However, thresholds are However, thresholds are trumped by a trumped by a “fair argument”“fair argument”

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Mandatory Findings of SignificanceMandatory Findings of Significance

Check the left column box on Question XVII if Check the left column box on Question XVII if the project will:the project will:

Substantially degrade environmental qualitySubstantially degrade environmental quality

Substantially reduce fish or wildlife habitatSubstantially reduce fish or wildlife habitat

Cause a fish or wildlife habitat to drop below self-Cause a fish or wildlife habitat to drop below self-sustaining levelssustaining levels

Threaten to eliminate a plant or animal communityThreaten to eliminate a plant or animal community

Substantially reduce numbers or restrict range of a Substantially reduce numbers or restrict range of a rare, threatened, or endangered speciesrare, threatened, or endangered species

Eliminate important examples of major periods of Eliminate important examples of major periods of California history or prehistoryCalifornia history or prehistory

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Or, check the left box if the project willOr, check the left box if the project will

Cause substantial adverse effects on humans Cause substantial adverse effects on humans

Achieve short-term environmental goals to Achieve short-term environmental goals to detriment of long-term goalsdetriment of long-term goals

Result in possible cumulative impactsResult in possible cumulative impacts (partial list; see Guidelines §15065)(partial list; see Guidelines §15065)

Mandatory Findings of Significance, Mandatory Findings of Significance, cont’dcont’d

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Checklist Categories: Checklist Categories: The Four ColumnsThe Four Columns

Potentially significant impactPotentially significant impact

Less than significant with mitigation Less than significant with mitigation incorporatedincorporated

Less than significant impactLess than significant impact

No impactNo impact

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Potentially Significant Impact Potentially Significant Impact

The project may have a substantial The project may have a substantial adverse impact on the environmentadverse impact on the environment

OROR

Mitigation has been identified but is Mitigation has been identified but is within jurisdiction within jurisdiction and discretionand discretion of others of others to imposeto impose

Any one check in this column requires an Any one check in this column requires an EIR-level SED (or mitigation/recirculation)EIR-level SED (or mitigation/recirculation)

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Less than Significant Less than Significant With Mitigation IncorporatedWith Mitigation Incorporated

Mitigation must be within Water Board authority, or Mitigation must be within Water Board authority, or relatively certain to be required by another agencyrelatively certain to be required by another agency

Neg Dec or Mitigated Neg Dec-level SED possible if:Neg Dec or Mitigated Neg Dec-level SED possible if: There are no checks in the potentially significant columnThere are no checks in the potentially significant column

ANDAND

All mitigation measures are incorporated into the project All mitigation measures are incorporated into the project before public document reviewbefore public document review

Incorporation of mitigation after public review may Incorporation of mitigation after public review may require recirculationrequire recirculation

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Less Than Significant ImpactLess Than Significant Impact

Environmental Environmental impact is not impact is not substantialsubstantial

OR OR

Impact is not adverseImpact is not adverse

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No ImpactNo Impact

The project will The project will not affect the not affect the resource being resource being analyzedanalyzed

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Scan Your Checks!Scan Your Checks!

Any check in the far left column requires an Any check in the far left column requires an EIR-level SEDEIR-level SED

If applicable, consider additional mitigation/ If applicable, consider additional mitigation/ recirculationrecirculation

• If all checks are in the right three columns, you If all checks are in the right three columns, you get to do a Neg Dec-level SED!get to do a Neg Dec-level SED!

Unlikely for TMDLs—where we can’t specify manner Unlikely for TMDLs—where we can’t specify manner of compliance, and must specify reasonable range of of compliance, and must specify reasonable range of compliance measures and analyze compliance measures and analyze

For CRPs, distinction between Mitigated Neg Dec- For CRPs, distinction between Mitigated Neg Dec- and Neg Dec-level SEDs is largely immaterialand Neg Dec-level SEDs is largely immaterial

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Explanations Explanations Support each check with an Explanation Support each check with an Explanation

All checklist conclusions must be supported All checklist conclusions must be supported by evidence and analysis by evidence and analysis

Sometimes this is simpleSometimes this is simple

Sometimes it requires research or additional Sometimes it requires research or additional studies (include in analysis) studies (include in analysis)

Sometimes it requires technical expertise or Sometimes it requires technical expertise or analysis analysis

If you include explanations in the Staff If you include explanations in the Staff Report, reference location in checklistReport, reference location in checklist

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Example: Air Quality Example: Air Quality Consult with local/regional air quality districtsConsult with local/regional air quality districts

Describe air quality regulatory status (e.g., Describe air quality regulatory status (e.g., attainment/non-attainment)attainment/non-attainment)

Describe regional air quality plans and policiesDescribe regional air quality plans and policies

Describe existing ambient conditions and Describe existing ambient conditions and emissionsemissions

Will the project result in direct or indirect Will the project result in direct or indirect significant impacts on air quality?significant impacts on air quality?

Determination may depend on environmental settingDetermination may depend on environmental setting

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Resources Resources

There are resources available to help There are resources available to help analyze project impacts analyze project impacts

The handout lists resources by subject The handout lists resources by subject

Use these resources to start researching Use these resources to start researching the baseline, the resource issues, the baseline, the resource issues, thresholds/standards, significance, and thresholds/standards, significance, and cumulative impactscumulative impacts

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Questions?Questions?