Environmental Consulting Blog

California Court Overturns Air Quality and GHG CEQA Thresholds

Court Rules CEQA Review Required
By Chris Bersbach

In a ruling that could have statewide ramifications, the Alameda County Superior Court recently overturned the Bay Area Air Quality Management District’s (BAAQMD) recently-adopted CEQA thresholds for determining the significance of air quality and greenhouse gas (GHG) emissions.  The Court ruling in California Building Industry Association v. Bay Area Air Quality Management District, ordered the BAAQMD to take “no further action to disseminate” the thresholds without first completing CEQA review.

In 2010, the BAAQMD adopted standards of significance for assessing the impact, under CEQA, of development projects’ air quality and GHG-related emissions. The thresholds have been used by lead agencies throughout the BAAQMD, as well as by other air districts and lead agencies as models for their own CEQA GHG guidance.

The Court’s decision was based on a finding that the thresholds constitute a “project” under CEQA, because they may cause a reasonably foreseeable indirect physical change in the environment; therefore, the Court found that the BAAQMD is required to conduct CEQA review before adopting such thresholds. 

The Court’s decision calls into question whether other air districts and lead agencies around the state are expected to conduct CEQA review before adopting CEQA thresholds on topics such as GHG emissions.  Air districts and other lead agencies that have adopted or are in the process of developing their own CEQA thresholds will be paying close attention to the BAAQMD’s response to the ruling to determine how to proceed, likely slowing the adoption of GHG significance thresholds throughout the state.

The BAAQMD may elect to appeal the decision, rather than proceeding with CEQA review of its thresholds; however, it is currently unclear what their response to the ruling will be.

For more information about how to proceed with using CEQA thresholds in light of this decision, or how to conduct CEQA review now that BAAQMD’s thresholds have been set aside, please contact Joe Power, AICP CEP, Principal with Rincon Consultants at 805-644-4455.

Click here to learn more about Rincon's Air Quality and Greenhouse Gas Emissions Services.

Rincon Breaks Down the Advanced Clean Cars Program

On January 27^th, 2012, the California Air Resources Board (CARB) approved a new emissions control program that is likely to change the new car landscape. The Advanced Clean Cars program combines the control of smog-causing pollutants and greenhouse gas emissions, as well as requirements for greater numbers of zero-emission vehicles, into a single package of standards for vehicle model years 2017 through 2025.

The Advanced Clean Cars program is composed of four components:

1. Greenhouse Gas Standard for Cars and Light Trucks, Model Years 2017-2025.  The new greenhouse gas standard builds on California’s existing standard, which was the first of its kind, and was later adopted in 2010 by the federal government as part of a national program. The new rules strengthen the greenhouse gas standard for 2017 models and beyond by requiring that greenhouse gas emissions be reduced by 34 percent compared to 2016 levels. This will be achieved through existing technologies, the use of stronger and lighter materials, and more efficient drivetrains and engines.
   
   
2. Reducing Smog-Forming Emissions.  In parallel with the required greenhouse gas emissions reduction, California will reduce smog-forming pollution by an additional 75 percent from 2014 levels to help meet more stringent federal air quality standards expected in the next few years. This regulation will drive the development of the cleanest cars yet that use diesel, gasoline, or gas-electric hybrid internal combustion engines.
   
   
3. Zero Emissions Vehicle (ZEV) Regulation.  The new ZEV regulation is the most significant change to the ZEV program in its 20-year history, requiring battery, fuel cell, and plug-in hybrid electric vehicles to account for up to 15 percent of California's new vehicle sales by 2025.
   
   
4. Clean Fuels Outlet.  The new regulation is designed to support the commercialization of zero-emission hydrogen fuel cell vehicles planned by vehicle manufacturers by 2015 by requiring increased numbers of hydrogen fueling stations throughout the state. The number of stations will grow as vehicle manufacturers sell more fuel cell vehicles.

These new rules will reduce emissions from gasoline and diesel-powered cars, and deliver increasing numbers of zero-emission technologies, such as full battery electric cars, newly emerging plug-in hybrid electric vehicles and hydrogen fuel cell cars. The package will also ensure adequate fueling infrastructure is available for the increasing numbers of hydrogen fuel cell vehicles planned for deployment in California.

The Williamson Act and Monterey County

What does the current budget crisis mean for agricultural preservation?

For decades, the Land Conservation Act (commonly known as the Williamson Act) maintained the viability of California farming and ranching. Recently, state budget cuts eliminated subsidies previously granted to participating counties. With these changes, the future of this successful program is unclear.

What will the impact of these budget cuts be on the Williamson Act Program, or on agricultural preservation in general? Will the Williamson Act survive? If not, are alternatives available to replace this long-standing agricultural preservation policy?

Megan Jones, Environmental Planner with Rincon Consultants, aims to answer these questions by evaluating the Williamson Act Program in Monterey County. Download the whitepaper to learn the answers to these and other important questions.

 

CRAM Wetland Assessment Completed in Santa Barbara

Rincon biologists recently completed an assessment of a habitat restoration site along Mission Creek in Santa Barbara, implementing the California Rapid Assessment Method (CRAM) for wetlands.  This assessment was completed for the Ortega Bridge Replacement project, for which Rincon has conducted biological monitoring over the past year.  Implementation of the CRAM method for the project will provide baseline data on the condition of the restoration site for comparison to future assessments, to monitor the progress of the site over time.

The CRAM method is used to assess wetland condition based on a number of attributes, including buffer and landscape context, hydrology, physical structure, and biological structure. Recent requirements by the U.S. Army Corps of Engineers and other resource agencies have necessitated CRAM assessments, in association with wetland boundary delineations, prior to project-related impacts or as an additional monitoring tool for habitat restoration/mitigation projects.  One of the other main purposes of the CRAM method is to allow for the comparison of wetland condition status and trends throughout the state.  To this end, data collected in the field is uploaded to “eCRAM”, a data entry system that interfaces with the CRAM website.

CRAM assessments must be completed by trained practitioners.  Please contact Rincon Consultants if you have any questions regarding CRAM assessments or any other biological services.

Biologists complete Ivanpah Solar Surveys and Construction Monitoring

Throughout the spring and fall of 2011, Rincon Consultants biologists were part of an intensive desert tortoise (Gopherus agassizii) surveying and monitoring effort for the Ivanpah Solar Electric Generating System project (ISEGS). ISEGS is located in the Ivanpah Valley, on the west side of I-15, near Primm, Nevada.  The project area covers about 3,238 acres of BLM owned land, making it currently the largest solar facility in the world.

During construction, daily monitoring was conducted to minimize the potential for incidental take of desert tortoise.  Monitoring tasks included the inspection of exclusion fence lines, monitoring of equipment, and surveying lay down areas or any other areas that could be a potential hazard to desert tortoise. 

Rincon staff also participated in protocol level desert tortoise surveys to meet additional requirements of the Biological Opinion.  Also, since the tortoises found on site will be translocated to offsite suitable habitat areas, the USFWS required further study of the drivers of post-translocation survival.  For this study, Rincon biologists assisted in surveys at two sites, a recipient site (where ISEGS tortoises would be moved to) and a control site (where baseline information was gathered to compare to the recipient sites).  Over the next five to ten years the project biologists will use radio telemetry to track translocated, resident and control tortoises.  With data collected on movements, home ranges, habitat characteristics, disease prevalence, and survival, the resident and control populations will be compared with that of the translocated tortoises to evaluate the overall success of the translocation program.    

Click here to watch a video highlighting the project: http://ivanpahsolar.com/ivanpahs-first-translocated-tortoise

Myths about Phase I Environmental Site Assessments

By now, most real estate professionals with a few years of experience have a basic understanding of what is included in a Phase I Environmental Site Assessment.  The basics include: 1) site reconnaissance, 2) historic records review, 3) government records review, and 4) report.  Then within each of the 4 areas listed above, there are multiple tasks that may or may not need to be reviewed based on the American Society of Testing and Materials (ASTM) guidelines, EPA’s All Appropriate Inquiries (AAI) requirements, and the purpose of the Phase I ESA report.  With those facts in mind, here are the top 3 myths encountered when speaking with Phase I ESA clients:

Myth #1 “Phase Is always include Asbestos & Lead Based Paint Assessments.”

Actually, the ASTM guidelines specifically exclude asbestos containing building materials and lead based paint from the Phase I assessment.  The ASTM guidelines also exclude:

• radon,
• lead in drinking water,
• wetlands,
• regulatory compliance,
• cultural and historic resources,
• industrial hygiene,
• health and safety,
• ecological resources,
• endangered species,
• indoor air quality,
• biological agents, and
• mold. 

Depending of the capabilities of the environmental firm you are working with, many of these items can easily be added to a Phase I for an additional cost.

Myth #2 “Recommendations are a required part of the Phase I.”

In fact, the recommendations section is the only optional portion of the ASTM Phase I document and is typically included in the report, unless their removal is requested by the client. 

There is usually no additional cost for inclusion of recommendations in the lump sum fee.

Myth #3 “All commercial real estate transactions require a Phase I.”

Although most environmental consultants wish this was true, it is not.  Phase Is are typically driven by the banking industry.  For example, many banks require Phase Is prior to approving a property or SBA loan.  Also, if the intent of a Phase I report is to limit CERCLA liability, a Phase I completed to AAI standards is required for the CERCLA innocent landowner defense. 

It should also be noted that a fairly standard definition of a commercial property includes residential structures/properties that are comprised of 4 or more residential units.

So as you can see, not all Phase I reports are the same!  Phase I ESAs can be tailored to specific clients: some clients always request a summary of radon information, another may request ‘lead in drinking water’ analyses, and a third may require completion of a concurrent biological assessment.  What’s the bottom line?  All clients are diverse and should be informed of all their options!

What is a SWPPP and Does Your Project Need One?

New Requirements In Effect September 2, 2011

Storm Water Pollution Prevention Plans (SWPPPs) are a requirement of the National Pollutant Discharge Elimination System (NPDES) that regulates water quality when associated with construction or industrial activities.  The SWPPP addresses all pollutants and their sources, including sources of sediment associated with construction, construction site erosion, and all other activities associated with construction activity and controlled through the implementation of Best Management Practices (BMPs).

The new Construction General Permit (CGP), effective September 2, 2011, requires SWPPPs to be prepared for construction sites over one (1) acre of disturbed area. 

The new Permit requires the following:

1.  Qualifications and Training.  All SWPPPs must be prepared and certified by a Qualified SWPPP Developer (QSD) and many other SWPPP tasks (i.e. inspections) must either be conducted directly by, or under the supervision of a QSD or Qualified SWPPP Practitioner (QSP).  There are extensive qualification and training requirements for both the QSD and QSP.

2.  Risk Level Determination.  The CGP follows a risk-based permitting approach.

• Each project is evaluated for sediment discharge risk and receiving water risk.
• Permit requirements progressively increase with risk level.
• Risk Level 2 and 3 sites must collect storm water samples and analyze the samples for pH and turbidity.
• The greater the risk level the greater the permitting requirements (i.e. monitoring, sampling, and BMPs).

3.  Numeric Action Limits (NAL) and Numeric Effluent Limitations (NEL).  Risk Level 2 and 3 sites must test runoff for pH and turbidity.  

• Evaluation of BMPs and corrective action is required when NALs are exceeded. 
• An NEL exceedance is a violation of the Construction General Permit, which can result in enforcement action by the local Regional Water Quality Control Board (RWQCB).

4.  Rain Event Action Plans (REAP). 

• A REAP must be prepared for Risk Level 2 and 3 sites 48 hours prior to a rain forecast of 50% probability.
• The REAP is designed to protect the site from erosion and to prevent discharge of pollutants.
• The REAP defines the storm water sampling activities and suggested actions for each construction phase.
• For Risk Level 2 and 3 sites all discharge points must be sampled at least three times a day during rain events.

5.  Inspections.  Inspections shall be performed:

• Weekly throughout the project, and
• Before and after qualifying rain events, and
• During extended qualifying rain events
• To identify BMPs that need maintenance or could fail.  Inspectors shall be the QSP, or be trained by the QSP.  Note that some Caltrans Districts require all inspections to be conducted by a QSP.

6.  SMARTS (Storm Water Multiple Application Reporting and Tracking System).

• SMARTS is used for processing, reviewing, updating, tracking, and maintaining the status of each discharger.
• Each project’s Legally Responsible Person (LRP) is responsible for certifying project related documents on SMARTS.
• The general public can access SMARTS to review project related materials and track SWPPP compliance.

If you have questions about SWPPPs and whether or not your project requires one, please contact Torin Snyder, QSD/P at 760-918-9444.

 

Rincon Professionals Featured at Planning Conference

Stephen Svete, AICP, LEED AP ND

Abe Leider, AICP

Richard Daulton, MURP

Joe Power, AICP

Plan on joining with Rincon Consultants at the American Planning Association California Chapter 2011 Annual Conference, happening from September 11^{th –} 14^th in beautiful Santa Barbara!  Not only are we a proud sponsor of this annual event, but a number of our professionals are presenting their expertise at symposia and mobile workshops.

Stop by table #3 at the conference headquarters in the Fess Parker Resort Lobby.  You can learn about work we are currently involved in, and might even get a useful souvenir. 

Here is a line-up of our conference session work:

Multi-Purpose Trails and Watershed Planning: The Ojai Valley/Ventura River Trail
Mobile Workshop #1- Sunday, September 11th, 9:00am-1:00pm
Stephen Svete, AICP, LEED AP ND – Principal, and Abe Leider, AICP – Supervising Planner, will be conducting this bicycle tour from the heart of the Ojai Valley to the Ventura River Estuary.  Participants will learn about organizing environmental planning and tourism around watershed planning using a multi-purpose trail as the spine.
Click here for more info.

Santa Ynez Sustainable Wine-Making and Tasting Tour
Mobile Workshop #3 - Sunday, September 11^th, 12:00 - 5:00 pm
Ke Ghiglia - Environmental Planner will help lead a bus tour of different Santa Barbara County wineries that are implementing sustainable agricultural practices. 
Click here for more info.

Planning 101: I Have a Degree, What Now? Insights Into Professional Planning
Student Session - Sunday, September 11th, 1:15-2:45pm
Richard Daulton, MURP, will present at this session explaining to student the nuances of environmental consulting and what entering this career path will entail.
Click here for more info.

Bag the Plastic Bags: State and Local Efforts to Restrict Plastic Bag Use
Session Block #9 - Wednesday, September 14th 8:00-9:15am
Joe Power, AICP – Principal, and Matt Maddox, MESM – Environmental Planner will lead a discussion on the plastic bag ban movement in California and how cities and counties have and can  move forward with similar CEQA-compliant ordinances.
Click here for more info. 

New Rincon Employee Certifications/Registrations

In order to better serve our Clients in this tough environmental consulting market, three Rincon Consultants employees have earned new professional certifications.  These new certifications allow us to offer new services and expand our broad list of company qualifications.  Each registration is an essential component of Rincon’s success. 

• Jake Lippman: Geologist in Training (GIT)
• Torin Snyder: Certified Hydrogeologist (CHG) and Qualified SWPPP Developer (QSD)/Qualified SWPPP Practitioner (QSP)
• Julie Broughton: Qualified SWPPP Practitioner (QSP)

The Geologist in Training (GIT) certification is the first of three exams of the Professional Geologist license.  The CHG certification adds another level of Professional Geologist qualifications to the Rincon team.  The QSD certification is required to prepare and certify Stormwater Pollution Prevention Plans (SWPPPs).  The QSP certification required to oversee the implementation of SWPPPs and confirm compliance throughout active constructions projects.

Congratulations!

Rincon Evaluates Environmental Impacts of Plastic Bag Bans

The City of Santa Monica, with Rincon Consultants’ assistance, recently passed a citywide ordinance that will:

1. Prohibit retail establishments in Santa Monica from providing "single-use plastic carryout bags” to customers at the point of sale;
2. Prohibit the free distribution of paper carryout bags by grocery stores, convenience stores, mini-marts, liquor stores and pharmacies; and
3. Require stores that make paper carryout bags available to sell recycled paper carryout bags to customers for not less than ten cents per bag.

The intent of the ordinance is to reduce the environmental impacts related to single-use plastic and paper carryout bags, and to promote a shift toward the use of reusable bags.

Rincon assisted the City in preparing an EIR that considered the overall effects of the proposed program at a conceptual level. The analysis also considered the lifecycles of different types of bags (plastic, paper and reusable bags) and the associated environmental effects. Issues analyzed in the EIR included air quality, biological resources, greenhouse gas emissions, hydrology and water quality, and transportation/traffic. The Final EIR determined that the Single-use Carryout Bag Ordinance would not result in any significant environmental impacts and would result in beneficial effects related to air quality, biological resources, and water quality (from litter).

Being one of only a handful of firms that has prepared a CEQA document that analyzes impacts related to banning plastic bags, Rincon has been contacted by a number of public agencies considering implementing an ordinance similar to the one passed in Santa Monica. Rincon recently began work on CEQA documentation for a similar ordinance being considered by the City of Long Beach. The document will be an addendum to the Final EIR prepared by the County of Los Angeles for its carryout bag ordinance and will analyze impacts related to air quality, biological resources, greenhouse gas emissions, hydrology and water quality and utilities and service systems.

For additional information, visit the City of Santa Monica Office of Sustainability and the Environment website: www.smgov.net