BOARD MEETING DATE: December 3, 2004
AGENDA NO. 23

Lead Agency Projects and Environmental Documents Received by the AQMD

SYNOPSIS:

This report provides, for the Board’s consideration, a listing of CEQA documents received by the AQMD between October 1, 2004, and October 31, 2004, and those projects for which the AQMD is acting as lead agency pursuant to CEQA.

COMMITTEE:

Mobile Source, November 19, 2004

RECOMMENDED ACTION:

Receive and file.

Barry R. Wallerstein, D.Env.
Executive Officer

Background

CEQA Document Receipt and Review Logs (Attachments A and B) – Each month, the AQMD receives numerous CEQA documents from other public agencies on projects that could adversely affect air quality. A listing of all documents received during the reporting period of October 1, 2004, through October 31, 2004, is contained in Attachment A. A list of active projects from previous reporting periods for which AQMD staff is continuing to evaluate or prepare comments is included as Attachment B.

The Intergovernmental Review function, which consists of reviewing and commenting on the adequacy of the air quality analysis in CEQA documents prepared by other lead agencies, is consistent with the Governing Board’s 1997 Environmental Justice Guiding Principles and Initiative #4. Consistent with the Environmental Justice Program Enhancements for Fiscal Year 2002-2003 approved by the Governing Board in September 2002, each of the attachments notes those proposed projects where the AQMD has been contacted regarding potential air quality-related environmental justice concerns. The AQMD has established an internal central contact to receive information on projects with potential air quality-related environmental justice concerns. The public may contact the AQMD about projects of concern by the following means: in writing via fax, e-mail, or standard letters; through telephone communication; as part of oral comments at AQMD meetings or other meetings where AQMD staff is present; or submitting newspaper articles. With input from the public, the AQMD will identify in the future types of projects or projects in specific geographical areas that will be highlighted. The attachments also identify for each project the dates of the public comment period and the public hearing date, if known at the time the CEQA document is received by the AQMD.

As resources permit, staff focuses on reviewing and preparing comments for projects: where the AQMD is a responsible agency; that may have significant adverse regional air quality impacts (e.g., special event centers, landfills, etc.); that may have localized or toxic air quality impacts (e.g., warehouse and distribution centers); where environmental justice concerns have been raised; and those projects for which a lead or responsible agency has specifically requested AQMD review.

During the period October 1, 2004, through October 31, 2004, the AQMD received 53 CEQA documents. Of the total of 93 documents listed in Attachments A and B:

• 18 comment letters were sent;
• 45 documents were reviewed, but no comments were made;
• 22 documents are currently under review;
•   8 documents did not require comments (e.g., public notices, plot plans,
       Final Environmental Impact Reports); and
•   0 document was not reviewed.

Copies of all comment letters sent to lead agencies can be found on the AQMD’s CEQA webpage at the following internet address: www.aqmd.gov/ceqa/letters.html.

AQMD Lead Agency Projects (Attachment C) – Pursuant to CEQA, the AQMD periodically acts as lead agency for stationary source permit projects. Under CEQA, the lead agency is responsible for determining whether an Environmental Impact Report (EIR) or a Negative Declaration (ND) is appropriate for any proposal considered to be a "project" as defined by CEQA. An EIR is prepared when the AQMD, as lead agency, finds substantial evidence that the proposed project may have significant adverse effects on the environment. A ND or Mitigated Negative Declaration (MND) may be prepared if the AQMD determines that the proposed project will not generate significant adverse environmental impacts, or the impacts can be mitigated to less than significance. The ND and MND are written statements describing the reasons why proposed projects will not have a significant adverse effect on the environment and, therefore, do not require the preparation of an EIR.

Attachment C to this report summarizes the active projects for which the AQMD is lead agency and is currently preparing or has prepared environmental documentation. In October the AQMD received no new requests to be the lead agency for a stationary source permit application project. No CEQA documents for permit application projects were certified in October. As noted in Attachment C, through the end of October 2004, the AQMD continued working on the CEQA documents for seven active projects.

Since January of 2004, AQMD staff has been responsible for preparing or having prepared CEQA documents for 12 stationary source permit projects. To date in 2004, five of these CEQA documents have been certified.

Attachments

1. Incoming CEQA Documents Log
2. Ongoing Active Projects for Which AQMD Has or Will Conduct a CEQA Review
3. Active AQMD Lead Agency Projects

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