Reso13 PC 13-09 2859 Initial Study Mitigated Negative Declaration Kensington

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and were posted on BAAQMD's website and included in the Air District's updated CEQA Guidelines (updated May 2011). The significance thresholds identified by BAAQMD and used in this analysis are summarized in Table 1. Table 1 Air Quali Si nificance Thresholds Health Risks and Hazards for New Sources Construction Operation BAAQMD Screening 150 meters Distance (500 feet) Excess Lifetime Cancer 10 per one million 10 per one million Risk Chronic or Acute 1.0 1.0 Hazard Index Incremental annual 03 µg/m3 03 µg/m3 a�erage PM2.5 Health Risks and Hazards for Sensitive Receptors (Cumulative from all sources within 1,000 foot zone of influence) and Cumulative Thresholds for New Sources Excess Lifetime Cancer 100 per one million Risk Chronic Hazard Index 10.0 Annual Average PM2.5 0.8 µg/m3 Note: PM2.5 = fine particulate matter or particulates with an aerodynamic diameter of 2.Sµm or less. Hazard Index is the ratio of a predicted non-cancer TAC exposure level to a level that has been identified to have an adverse health effect(i.e.,a reference exposure level or REL) BAAQMD's adoption of the thresholds was called into question by an order issued March 5, 2012, in California Building Industry Association v. BAAQMD (Alameda Superior Court Case No. RGI0548693). The order requires BAAQMD to set aside its approval of the thresholds until it has conducted environmental review under CEQA. The claims made in the case concerned the environmental impacts of adopting the thresholds, that is, how the thresholds would indirectly affect land use development patterns. Those issues are not relevant to the scientific basis of BAAQMD's analysis of what levels of pollutants should be deemed significant. This analysis considers the science informing the thresholds as being supported by substantial evidence. Scientific information supporting the thresholds was documented in BAAQMD's proposed thresholds of significance analysis�. Moreover, the thresholds will not cause any indirect impact in terms of land use development patterns insofar as this project is concerned, because the proposal to construct the project is not influenced by the BAAQMD guidelines. Accordingly, the analysis herein uses the thresholds and methodologies from BAAQMD's May 2011 CEQA � BAAQMD. 2009. California Environmental Quality Act Guidelines Update Proposed Thresholds of Si�nificance. December. 2