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<br />7A - ATTACHMENT NO.2 <br />Page 37 <br /> <br />2. Law or Regulation Establishing Jurisdiction. <br /> <br />a. California Clean Air Act. <br />b. Toxic Hot Spots legislation. <br />c. State legislation regarding climate change, greenhouse gas emissions <br />and land-use planning (e.g. Assembly Bill 32; Senate Bill 375) <br /> <br />3. Standards for Issuing Permits/Findings/Mitigation Requirements. <br /> <br />The California Air Resources Board ("CARB") adopts air quality standards for the <br />State. CARB also regulates vehicular emissions. CARB generally does not have <br />permitting authority over local land-use decision-making. <br /> <br />The Bay Area Air Quality Management District ("BAAQMD") has permitting <br />authority over stationary sources of air pollutant emissions (i.e., non-vehicular <br />emissions). BAAQMD also administers the State's "Air Toxics Hot Spots" program in <br />the Bay Area. <br /> <br />At this time, we do not know whether the Saltworks project will include stationary <br />sources subject to BAAQMD's permitting authority, or facilities that emit toxic air <br />contaminants. If the project includes these features, BAAQMD permits will be required. <br /> <br />Proposed guidance and rules regarding land-use decision-making and air quality. <br />Although neither CARB nor BAAQMD has direct permitting authority over local land- <br />use decision-making, both agencies have issued or are developing guidance that is <br />relevant to these issues. In addition, BAAQMD is developing a regulation that, if <br />adopted, may provide the District with permitting authority. In particular: <br /> <br />· BAAQMD has issued guidance concerning the analysis of air pollutant <br />emissions under the CEQA process. (BAAQMD, CEQA Guidelines- <br />Assessing the Air Quality Impacts of Projects and Plans (1999).) The guidance <br />is designed to assist local agencies in performing CEQA review of projects. In <br />the event the City decides to move forward with the project, we recommend <br />following this guidance. BAAQMD is currently in the process of updating this <br />guidance. On December 7,2009, BAAQMD released a revised draft. The <br />guidance expands significantly on the BAAQMD CEQA Guidelines adopted in <br />1999. <br /> <br />· BAAQMD is currently developing an "Indirect Source Rule." Such a rule <br />would apply to development projects that generate or attract motor vehicle <br />trips and related emissions, together with other sources of emissions associated <br />with development. At this time, BAAQMD has not released a proposed <br />schedule for developing and adopting such a rule. We recommend monitoring <br /> <br />37 <br />