14 ATTACHMENT 07 - Laserfiche WebLink

Initial Study and Negative Declaration In May of 2011 , the BAAQMD published an update to its 1999 CEQA Air Quality Guidelines3. These guidelines establish screening criteria with which to provide a conservative indication of whether the proposed project could result in potentially significant air quality impacts. If the screening criteria are met by the proposed project, then no additional air quality analysis is necessary. The screening criteria are organized into operational-related impacts (criteria air pollutants and precursors and greenhouse gases), community risk and hazard impacts, carbon monoxide impacts, odor impacts, and construction-related impacts. If the project emissions would exceed the screening criteria, then an air quality analysis is required to determine if the project's air quality impacts are below BAAQMD's significance thresholds (roughly equivalent to the CEQA thresholds of significance used to ascertain whether an impact would be significant). If the impacts are above the significance thresholds, then mitigation measures would need to be incorporated into a project to reduce air quality impacts to a less than significant level. If such mitigation measures are deemed infeasible, an EIR would be required. The BAAQMD's adoption of significance thresholds contained in the 2011 CEQA Air Quality Guidelines was called into question by a court order issued March 5, 2012, in California Building Industry Association (CBIA) v. BAAQMD (Alameda Superior Court Case No. RG10548693). The order required BAAQMD to set aside its approval of the thresholds until it conducted environmental review under CEQA. In August 2013, the Appellate Court struck down the lower court's order to set aside the thresholds. However, this litigation remains pending as the California Supreme Court recently accepted a portion of CBIA's petition to review the appellate court's decision to uphold BAAQMD's adoption of the thresholds. Because the court case is unresolved, BAAQMD recommends that lead agencies determine appropriate air quality thresholds of significance based on substantial evidence in the record. Since the air quality thresholds in the 2011 CEQA Air Quality Guidelines are more stringent than the previously adopted 1999 thresholds, the more conservative 201 1 thresholds were used for the analysis of this project. STANDARDS OF SIGNIFICANCE For purposes of this environmental document, an impact is considered significant if the proposed project would: • Conflict with or obstruct implementation of the applicable air quality plan; • Result in pollution emission levels above those established by BAQMD in either the short term (construction related) or long term (traffic); • Expose sensitive receptors to substantial pollutant concentrations; • Create objectionable odors affecting a substantial number of people. 16