Completing the CEQA Checklist

1. Completing the CEQA Checklist Terry Rivasplata

2. 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

3. 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

4. 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

5. Water Quality and Beyond… Lead agency must analyze all environmental impacts in all topic areas—not 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

7. Determining “Significance” • “Fair argument” • Thresholds from other agencies’ plans and regulations • Mandatory findings of significance (Checklist XVII)

8. “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 SED—even 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)

9. 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

10. Fair Argument and SED • Even if an impact doesn’t 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

11. 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

12. Thresholds of Significance (cont’d) • These help determine when an impact can be considered less than significant • However, thresholds are trumped by a “fair argument”

13. 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

14. Mandatory Findings of Significance, cont’d • 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)

15. Checklist Categories: The Four Columns • Potentially significant impact • Less than significant with mitigation incorporated • Less than significant impact • No impact

16. 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)

17. 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

18. Less Than Significant Impact • Environmental impact is not substantial OR • Impact is not adverse

19. No Impact • The project will not affect the resource being analyzed

20. 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 TMDLs—where we can’t 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

21. 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

22. 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

23. 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/standards, significance, and cumulative impacts

24. Questions?