BOARD MEETING DATE: September 9, 2005
AGENDA NO. 17

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 June 1, 2005, and July 31, 2005, and those projects for which the AQMD is acting as lead agency pursuant to CEQA.

COMMITTEE:

Mobile Source, August 26, 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. Because no Board Public Hearing was held in August, the listing of CEQA documents that would have been reported at the Public Hearing, June 1, 2005, through June 30, 2005 are also included in this agenda as Attachment 1-A. Attachment 1-B lists active projects from previous reporting periods. A listing of all documents received during the reporting period of July 1, 2005, through July 31, 2005, is contained in Attachment 2-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 2-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 Board’s 1997 Environmental Justice Guiding Principles and Initiative #4. Consistent with the Environmental Justice Program Enhancements for Fiscal Year 2002-03 approved by the 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 June 1, 2005 through July 31, 2005, the AQMD received 131 CEQA documents. Of the total of 199 documents listed in Attachments 1-A, 1-B, 2-A, and 2-B:

• 44 comment letters were sent;
• 65 documents were reviewed, but no comments were made;
• 80 documents are currently under review;
•   9 documents did not require comments (e.g., public notices, plot plans,
       Final Environmental Impact Reports); and
•   1 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 1-C is the listing of active projects through the end of June for which the AQMD is the lead agency. Attachment 2-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 July the AQMD received two new requests to be the lead agency for stationary source permit application projects. No CEQA documents for a permit application projects were certified in June. Three CEQA documents for permit application projects were certified in July. As noted in Attachment 2-C, through the end of July 2005, the AQMD continued working on the CEQA documents for four active projects.

Since January of 2005, AQMD staff has been responsible for preparing or having prepared CEQA documents for ten stationary source permit projects. To date in 2005, five of these CEQA documents have been certified. Another project was deemed exempt from CEQA and the permit was issued in February.

Attachments (154kb)

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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