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8. B. - Page 175 While disagreements between e�perts do not automatically render a Final EIR inadequate, the City was reqL�ired, but failed, to make a reasonably conscientious effort to collect additional data or to make fi�rther inquiries in response to the expert's concerns. The City's dismissal of Dr. Clark's cominents is completely unsi�ppoi�ted by substantial evidence a�ld fails to ensL�re that all feasible ineasL�res are incorporated to mitigate impacts to people. li1 Be�°keley Kee�s .Iests [sic] Over the Bay Com��ittee >>. Board of Port C'ornn�issione�-s of the C of Oakland, conflicting sti�dies a�ld data pertaining to toxic air conta�luna�7ts was subnutted to the agency in conul7ents on the Draft EIR. The court fotuld tliat the agency's disnussal of fliis information was L�nwarra��ted. Specifically, the coL�rt stated: The dispL�te in this regard goes beyond a disagreeinent of qL�alified expei�ts over the reasoned conclusions as to what fl�e data reveals. The EIlZ failed to acknowledge the opinions of responsible agencies and experts who cast substantial doubt on the adequacy of the EIR's analysis of this subject. The conclusory a��d evasive nafire of the response to comments is peivasive, with the EIlZ failulg to support its mairy concll�sory statements by scientific or objective data. These violations of CEQA constitute an abuse of discretion. Resuonse A-7: The TAC analysis was done correctly a�1d consistent with BAAQMD guidelines. The conunentor has inferred that the City improperly dismissed Dr. Clark's comments similarly to the defendants in the above referenced appellate court case. The City a��d the City's air quality expei�t responded in detail in the Final EIR (pages 42-46 a�ld 59- 70) as to why it was concluded that Dr. Cla�k's methodology was flawed and why the DEIR's original analysis was correct and complia�lt with the BAAQIVID guidelines. The City is in no way required to collect additional data or to make further inqL�iries in response to concei77s of the commentor's e�pert since the DEIR's analysis was completed in accorda�lce wifli all applicable guidelines. The coL�rt case referenced above is not on point. li� the referenced case, the court fotu�d that the lead agency did not qua��tify the TAC impacts of their proj ect, a��d did not follow the recominendations of the Califoinia Air Resources Board (CARB). li� the current 2580 El Camino Real Residential Project EIR, the City complied with the regulatory agency's adopted guidelines in qua��tifyu�g the TAC exposure of the proposed proj ect and provided substa��tial evidence to sL�pport the City's findulgs a�1d dispute the findings of the commentor's expei�t u7 the Fu�al EIR. � The Ciry's air qualin� e�pert for tlus project �� as Mr. James Re��ff. Mr. Re��ff is a Meteorologist �� ith si�bstantial espertise in air qualin� analyses. His espeitise inchides meteorolo��, air qi�aliry einissions estimation, transportatior�/land i�se air qi�alit�° shadies, air qualin field sh�dies, and greeiilioi�se gas sh�dies. He is abundantly fainiliar ��ith Federal, State and local air qualin� re�alations, particnlarly BAAQNID, and has de�-eloped effecti� e "orkinb relationslups �� ith man� reb�ilatoi� agencies. O� er the past 23 � ears, Mr. Re� ff has prepared Air Qi�ality Tecluucal Reports for o�-er 10 major Caltrans lugh�� a5� projects and condi�cted over 100 air qnalin-° ai�31_yses for other land nse de� elopment projects in the Ba�� Area. These projects inch�ded cai�on monoaide nucroscale anal�-°ses, the calcnlation of project einissions (e.g., ozone precnrsor pollt�tants, fine particnlate matter, and diesel particnlate inatter), seasonal field inoiutoiing, and preparation of air qt�alit�- confoi7niry detei7iunations. Mr. Reyff has ad�-ised decisions of Federal and local air qualit�-° agencies regarding impact assessinent methodologies and air qnalin-° confoi7iun issues and has condi�cted air qi�alin e� ah�ations for specific plans and General Plan updates. Mr. Re� ff has ��orked at Illin��orth & Rodkin, a preinier Air Qi�alin and Acot�stics fii7n in the Bay Area since 1995. Illinb � orth and Rodliin's air qi�alin �� oil1 piiinaril5 invol�-es enviroiunental air qi�alin sh�dies of land i�se projects for Enviromnental Impact Reports for both pii�°ate and pi�blic projects. The fii7n also assists local conumiiuties in de�-eloping air qi�alit�- policies for incoiporation into General Plans. 2580 El Cainino Real Residenrial Project 7 Response to Conmients Recei��ed on Final EIR Cin� of Red��ood Cin Jannai� 2012