Completing the CEQA Checklist

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Completing the CEQA Checklist

• Terry Rivasplata

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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

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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

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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

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Water Quality and Beyond

• Lead agency must analyze all environmental
  impacts in all topic areasnot 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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Determining Significance

• Fair argument
• Thresholds from other agencies plans and
  regulations
• Mandatory findings of significance (Checklist
  XVII)

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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 SEDeven
  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)
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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

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Fair Argument and SED

• Even if an impact doesnt 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

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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.
• Many of these are published in agencies regs,
  guidelines, or plans

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Thresholds of Significance (contd)

• These help determine when an impact can be
  considered less than significant
• However, thresholds are trumped by a fair
  argument

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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

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Mandatory Findings of Significance, contd

• 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)

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Checklist Categories The Four Columns

• Potentially significant impact
• Less than significant with mitigation
  incorporated
• Less than significant impact
• No impact

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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)

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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

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Less Than Significant Impact

• Environmental impact is not
  substantial
• OR
• Impact is not adverse

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No Impact

• The project will not affect the resource being
  analyzed

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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!
• Unlikely for TMDLswhere we cant 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

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Explanations

• 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

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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

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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/standard
  s, significance, and cumulative impacts

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Questions?