1. The Lead Agency, as defined by CEQA, is the public agency that has the primary responsibility for carrying out or approving a project (State CEQA Guidelines Section 15367). To be a CEQA Lead Agency, the public agency must have discretionary authority over the proposed project. The Lead Agency also has the primary responsibility for determining what level of CEQA review is required for a project and for preparing and approving the appropriate document.
As a Lead Agency the SLO County APCD would prepare environmental documents for its own discretionary actions, such as air quality plans and rules, however the SLO County APCD rarely acts as a lead agency.
2. A Responsible Agency under CEQA is a public agency with some discretionary authority over a project or a portion of it, but which has not been designated the Lead Agency (State CEQA Guidelines Section 15381). Because Responsible Agencies will take discretionary actions regarding a project, they are also required to comply with CEQA. For efficiency, CEQA allows Responsible Agencies to rely on a CEQA document prepared by the Lead Agency to meet their CEQA compliance requirements. However, Responsible Agencies must independently review and approve the CEQA document, and not rely automatically on the Lead Agency’s judgments. According to CEQA, a Responsible Agency complies with CEQA: “By considering the EIR or negative declaration prepared by the Lead Agency and by reaching its own conclusions on whether and how to approve the project involved” (State CEQA Guidelines Section 15096(a)).
The SLO County APCD is rarely a Responsible Agency and should seldom be named as a Responsible Agency in CEQA documents because the SLO County APCD does not usually independently review and approve CEQA documents.
3. As a Commenting Agency the SLO County APCD reviews projects that may have air quality impacts and evaluates whether the environmental document provides sufficient information and adequate mitigation to alleviate adverse impacts.
The SLO County APCD usually acts as a Commenting Agency. Comments are submitted to Lead Agencies for their consideration. However, the Lead Agency has the primary responsibility for determining what level of CEQA review is required for a project and for preparing and approving the appropriate document.
Health Risk from Nearby Diesel Trucks and Locomotives
Development adjacent to high-volume roadways and railroads where mobile sources produce diesel particulate matter can present health risks to sensitive receptors. Diesel particulate matter has been classified by the California Air Resource Board’s (CARB) as a toxic air contaminant and a carcinogen. Because of this, the APCD does not support sensitive receptor development near Highway 101 and railroads. Non-sensitive uses and developments such as commercial, parking lots and offices in which occupants are exposed to the health risk for a shorter duration—are better suited to be nearest to Highway 101 and railroads. Health risk decreases with decreased rate of exposure to the toxic source.
Should projects continue, the APCD recommends the following:
Further, residential units sited near pollution sources are generally lower in market value, indicating it is possible residential homes would become affordable to lower-income populations. Low-income community members often face existing health disparities, so siting housing near pollution sources which has a possibility to become affordable may need further consideration (See Page 57 of the CARB’s 2017 Scoping Plan update). To be in alignment with State goals, specifically Assembly Bill 617 which aims to reduce exposure of toxic air contaminants in low-income and disadvantaged communities and protect public health, housing that could become affordable should be sited in a fair environmentally just way meaning “No group of people should bear a disproportionate share of the negative environmental consequences resulting from industrial, governmental and commercial operations or policies” (See EPA webpage – Learn about Environmental Justice). It is important to consider that land use decisions now could create a neighborhood that may bear more of the environmental consequences that come from pollution sources.
Infill within Urban Reserve Lines & Village Reserve Lines
The APCD encourages balance of residential and commercial infill within the existing urban reserve lines (URLs) and village reserve lines (VRLs), as this is consistent with the land use goals and policies of the APCD’s Clean Air Plan. Increasing density can reduce emissions and vehicle miles traveled (VMT) by minimizing the number of trips and travel distances and encourage active transportation. The APCD supports the use of infill development, as it is consistent with SLOCOG’s Regional Transportation Plan and Sustainable Communities Strategy.
Subdivision or Lot Splits Outside Urban & Village Reserve Lines
The APCD is concerned with the continued small lot fracturing of lands outside of the urban and village reserve line which is inconsistent with the land use planning strategies in our Clean Air Plan (CAP). Our CAP calls for these parcels to not be spilt below 20 acres in size and instead promotes the concept of urban infill by directing growth to areas within the existing URL/VRL boundaries. Mobile sources are the largest contributor to air pollution in our county and rural parcel split projects fosters continued dependency on private auto use as the primary means of accessing essential services and other destinations. For these reasons, the APCD does not support this type of projects.
Support of Mixed-Use Development
The APCD encourages mixed-use development. When people can walk or bike to nearby businesses or parks, traffic is reduced, and we create healthy communities. This is consistent with several of the APCD's land use goals and policies in the Clean Air Plan and helps meet the SB 32 and SB 375 emission reduction targets set by California legislation and the California Air Resources Board.
Incompatible Mix of Land Uses
As individual projects move forward; it is important to keep in mind that some uses may not be compatible and could result in potential nuisance problems (i.e. odors and/or dust). Therefore, it is essential that individual uses be carefully evaluated prior to issuance of a use permit. The following uses could be problematic if residential quarters are included in the same building.
New School Sites
The Public Resources Code Sec. 21151.8 requires any agency preparing an Environmental Impact Report or negative declaration for a proposed school site to consult with the city, county, and the APCD to identify both permitted and non-permitted facilities within one-quarter mile of the proposed school site which may emit hazardous air emissions or handle hazardous materials (e.g., pipelines). Impacts from such a facility may be significant due to increased cancer risk for the affected population, even at a very low level of emissions. If a potentially hazardous facility is within one-quarter mile of the new school site, the APCD may require a risk assessment to determine the potential level of risk associated with that school location. Information on permitted facilities is available by contacting the APCD Engineering & Compliance Division.
School Notification - APCO Required to Notify Nearby Sensitive Receptors
Projects within 1,000 feet from the outer boundary of a school site are subject to California Health & Safety Code 42301.6. The APCO is required by law to take several actions before a final decision is made on the applicant’s permit to construct. These actions include preparing and sending a public notice to parents or guardians of children enrolled in a school that is located within one-quarter mile of the proposed new or modified source and to each address within a radius of 1,000 feet of the source at least 30 days prior to the date final action on the application is to be taken by the officer. To minimize potential delays, prior to the start of the project, please contact the APCD Engineering & Compliance Division for more specific information regarding permitting requirements.
Cannabis Waste Burning is Prohibited
The Federal Government categorizes cannabis as a controlled substance; therefore, crop waste from the agricultural growing of cannabis is not eligible for an APCD burn permit and cannabis waste burning is prohibited. Verified burning of cannabis is subject to enforcement action.
Nuisance – Manufacturing/Processing & Masking/Neutralizing of Cannabis
The following are subject to the APCD’s Nuisance Rule 402 and may result in enforcement action:
Permit – Manufacturing/Processing & Masking/Neutralizing of Cannabis
The following are subject to the APCD’s permitting requirements:
Nuisance Odors from Wineries
Wine production facilities can generate nuisance odors during various steps of the process. Proven methods for handling wastewater discharge and grape skin waste need to be incorporated into the winery practices to reduce off-site odor. Odor complaints could result in a violation of the SLO County APCD Rule 402, Nuisance.
Permit - Agricultural Burning
An APCD Agricultural Burn Permit is required to burn agricultural vegetation on Permissive Burn Days. For more information on agricultural burning, visit the following APCD webpage: slocleanair.org/rules-regulations/agriculture/burning.
Operational Permit Requirements
New wineries or expanding wineries with the capacity of 26,000 gallons (10,000 cases at twelve 750 milliliter bottles per case) year or more require a Permit to Operate for fermentation and storage of wine.
Operational Phase Exceedance From Dirt Roads
Based on the APCD’s spreadsheet modeling for estimating operational dust emissions from daily traffic on unmitigated unpaved roads,driveways, parking areas, and special events, winery projects could exceed the APCD’s daily operational particulate matter (PM10) emissions threshold identified in Table 3-2 of the CEQA Air Quality Handbook (April 2012). The modeling uses the California Air Resources Board’s unpaved road emission factor that is used in their statewide emissions inventory and there is a screening table reference available at: slocleanair.org/rules-regulations/land-use-ceqa.php. If a project will exceed the threshold, the APCD recommends that the project implement the on-site PM10 mitigation measures listed below.
Mitigate the unpaved access roads, driveways, and parking areas by implementing one of the following:
In addition, special events can also trigger a PM10 exceedance. The following special event mitigation shall be implemented for unpaved access roads, driveways, and parking areas on the day(s) of a special event:
If the project’s access involves a city or county owned and maintained road, the applicant shall work with the applicable Public Works Department to ensure that the mitigation follows the agency’s road standards for that section of road. The applicant may propose other measures of equal effectiveness as replacements by contacting the APCD’s Planning Division.
Permit - Agricultural Burning
An APCD Agricultural Burn Permit is required to burn agricultural vegetation on Permissive Burn Days. For more information on agricultural burning, visit the following APCD webpage: slocleanair.org/rules-regulations/agriculture/burning.
Construction Permit Requirements
Portable equipment, 50 horsepower (hp) or greater, used during construction activities may require California statewide portable equipment registration (issued by the California Air Resources Board) or an APCD permit. The following list is provided as a guide to equipment and operations that may have permitting requirements but should not be viewed as an exclusive list. For a more detailed listing, please refer to the following webpage: slocleanair.org/library/download-forms.
Operational Permit Requirements
Operational sources may require APCD permits. The following list is provided as a guide to equipment and operations that may have permitting requirements but should not be viewed as exclusive. For a more detailed listing, please refer to the following webpage: slocleanair.org/library/download-forms.
Most facilities applying for an Authority to Construct or Permit to Operate with stationary diesel engines greater than 50 hp, should be prioritized or screened for facility wide health risk impacts. A diesel engine-only facility limited to 20 non-emergency operating hours per year or has demonstrated to have overall diesel particulate emissions less than or equal to 2 lb./yr. does not need to do additional health risk assessment.
Nuisance
As defined in APCD’s Rule 402, a person shall not discharge, from any source whatsoever, such quantities of air contaminant or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or public, or which cause or have a natural tendency to cause, injury or damage to business or property. If this project causes nuisance impacts, the project proponent needs to proactively take steps to reduce these impacts.
Nuisance - Equestrian Facility
To minimize nuisance impacts and to reduce fugitive dust emissions from equestrian facilities the following mitigation measures should be incorporated into the project:
Nuisance - Fire Pits
Recreational burning is not regulated by the APCD, but smoke from recreational fires such as backyard fire pits, bonfires, and campfires may negatively impact the health of nearby communities and may trigger complaints. Complaints of this type will be investigated & enforced according to APCD Rule 402, Nuisance. Local Fire Authorities may have additional requirements associated with recreational burning.
Developmental Burning
APCD Rule 501 prohibits developmental burning of vegetative material within San Luis Obispo County.
Residential Wood Combustion
Residential wood burning devices such as wood or pellet stoves or inserts installed in new dwelling units after May 15, 2020 shall have particulate matter emission rates not exceeding 2.0 g/hr. and must be certified by the U.S. Environmental Protection Agency (EPA) “Step 2” New Source Performance Standard. The list of EPA certified wood stoves and inserts can be found at epa.gov/compliance/epa-certified-wood-heater-database. Additionally, residential wood burning devices such as fireplaces must comply with APCD Rule 504 to be eligible for installation in new dwelling units. The APCD encourages the use of lower emission heating alternatives that can be used in place of wood burning devices.
There are a few SLO County APCD approved ways to calculate construction emissions for a given project. The first level of analysis for a project is to compare it to Table 1-1 in the SLO County APCD’s CEQA Air Quality Handbook. Although the intent of Table 1-1 is to screen a project’s size against operational threshold values, the SLO County APCD has calculated that if a project is under operational thresholds, the project will likely be under construction thresholds as well.
Note: The stated GHG Numerical Threshold column and its values are no longer valid. Projects should be compared to the ROG + NOx threshold column and values only.
If the project’s size exceeds the unit of measure listed, a more refined analysis of air quality impacts would be necessary. However, Table 1-1 screening is not applicable to:
For projects that require a more refined analysis, the next level of specificity in defining construction emissions involves the use of the most recent version of the California Emissions Estimator Model (CalEEMod). This model contains emission factors for a variety of construction equipment. It will automatically generate default values for various parameters. When modeling project emissions, the user must specify that the project is located in SLO County so that the appropriate default values are used for the modeling. If more detailed information about the construction phase of the project is known, the default values should be modified to reflect the anticipated emissions more accurately. CalEEMod reports submitted as part of a CEQA evaluation need to include the following:
CalEEMod will not automatically calculate import or export off-site hauling trips and associated emissions. If soil or demolition materials will need to be hauled off-site or materials will be imported, cubic yards of material and the number of truck trips will need to be entered into the model. The trip length associated with hauling also needs to be entered into the model along with a detailed explanation of the trip length. Specific truck emission factors for the hauling fleet should be included in the simulation if known. If the specific fleet is unknown at time of modeling, then a defensible worst case set of hauling fleet emission factors shall be used. This hauling component is an important step and is often overlooked resulting in under estimation of emissions.
The grading area and the calculated construction emissions should be compared to SLO County APCD Thresholds of Significance displayed in the table below:
If the above thresholds are exceeded, mitigation measures for construction emissions shall be applied to reduce construction impacts. The below table is a quick guide displaying construction mitigation measures and their applicability. For a more expansive guide with further explanation click this link.
Construction Phase Mitigation Measures
Mitigation Measure | Applicability |
Fugitive Dust Mitigation Measures: Standard List | Use if project is < 4 acres and not within 1,000 of sensitive receptor (1) |
Fugitive Dust Mitigation Measures: Expanded List | Use if project is > 4 acres and/or within 1,000 of sensitive receptor (1) |
South County Particulate Matter Standard Measures | Only for South County Projects in NRP Zone |
South County Particulate Matter Expanded Measures | Only for South County Projects in the CDF or Mesa 2 Zone |
Standard Mitigation Measures for Construction Equipment |
Use if project meets any of the following:
|
Best Available Control Technology (BACT) for Construction Equipment |
Use if project meets any of the following after Standard Mitigation Measures are applied:
|
Construction Activity Management Plan (CAMP) |
Use if project meets and of the following after Standard Mitigation Measures and BACT Measures are applied:
|
Construction Phase Offsite Mitigation |
Use if project meets any of the following after Standard Mitigation and BACT Measures are applied:
|
(1) Sensitive receptor locations include schools, parks, playgrounds, day care centers, nursing homes, hospitals, and residential dwelling units.
(2) A CAMP would be required for projects that do not exceed ROG+NOx and/or DPM Tier 2 thresholds but still exceed the PM10 Tier 1 threshold due to heavy earthwork.
In addition to the construction mitigation measures defined above, there are a number of special conditions, local regulations or state/federal rules that may apply to a given project. The below table is a quick guide displaying special conditions and their applicability. For a more expansive guide with further explanation click this link.
Construction Phase Special Conditions
Special Condition | Applicability |
Limits of Idling during Construction Phase | Use when sensitive receptor (1) is within 1,000 feet and diesel-powered equipment will be used |
Proper Abatement of Asbestos-Containing Material (ACM) (2) | Use if project will be demolishing or remodeling |
Proper Abatement of Lead-Based Coated Structures (2) | Use if project will be demolishing, remodeling, sandblasting, or removing paint with a heat gun |
Naturally Occurring Asbestos on Site (2) | Use if project site is within 1 mile of serpentine deposit (NOA Map) |
(1) Sensitive receptor locations include schools, parks, playgrounds, day care centers, nursing homes, hospitals, and residential dwelling units.
(2) If your project potentially includes demolishing asbestos-containing material, the Compliance Division at the SLO County APCD should be contacted.
There are a few SLO County APCD approved ways to calculate operational emissions for a given project. The first level of analysis for a project is to compare it to Table 1-1 in the SLO County APCD’s CEQA Air Quality Handbook.
Note: The stated GHG Numerical Threshold column and its values are no longer valid. Projects should be compared to the ROG + NOx threshold column and values only.
If the project’s size exceeds the unit of measure listed, a more refined analysis of air quality impacts would be necessary. However, Table 1-1 screening is not applicable to:
For projects that require a more refined analysis, the next level of specificity involves the use of the most recent version of the California Emissions Estimator Model (CalEEMod). This software incorporates the most recent vehicle emission factors from the EMFAC model (EMission FACtors) provided by the California Air Resources Board (CARB), and average trip generation factors published by the Institute of Transportation Engineers. This model will automatically generate default values for various parameters. When modeling project emissions, the user must specify that the project is located in SLO County so that the appropriate default values are used for the modeling. If more detailed information about the operational phase of the project is known, the default values should be modified to reflect the anticipated emissions more accurately. CalEEMod reports submitted as part of a CEQA evaluation need to include the following:
Defaults that may need to be evaluated and modified based on the project location and specifications include:
The calculated operational emissions should be compared to SLO County APCD Thresholds of Significance displayed in the table below:
If the above thresholds are exceeded, mitigation measures for operational emissions should be applied to reduce operational impacts below the significance thresholds listed above. The below table is a quick guide displaying operational mitigation measures and their applicability. For a more expansive guide with further explanation click this link.
Operational Phase Mitigation Measures
Mitigation Measure | Applicability |
Mitigation Measures for Unpaved Roads, Driveways, and Parking Areas |
Use if project meets any of the following per SLO County APCD's unpaved road screening table:
|
Diesel Particulate Matter (DPM) Emission Mitigation | Use if project exceeds DPM Daily threshold |
Daily and Annual ROG+NOx and PM10 Mitigation |
Use if project meets any of the following:
|
Activity Management Plan (AMP) |
Use if project meets any of the following:
|
Operational Phase Off Site Mitigation |
Use if project meets any of the following:
|
(1) An AMP is needed when a project is a continuous operation such as a new energy or extractive resource.
In addition to the operational mitigation measures defined above, there are a number of special conditions, local regulations or state/federal rules that may apply to a given project. The below table is a quick guide displaying special conditions and their applicability. For a more expansive guide with further explanation click this link.
Operational Phase Special Conditions
Special Condition | Applicability |
Limits of Idling during Operational Phase |
Use if project meets any of the following:
|
Health Risk Assessment - Type A: New Toxic Source that Impacts Sensitive Receptors | Use when project has the potential to emit toxic hazardous air pollutants |
(1) Sensitive receptor locations include schools, parks and playgrounds, day care centers, nursing homes and residential dwelling unit(s).
CEQA Handbook and Associated Tools: The California Environmental Quality Act (CEQA) was created to ensure that environmental impacts from new development are addressed and adequately mitigated. The District's CEQA Handbook provides information on the District's significance thresholds for determining potential air quality impacts from proposed residential and commercial development and provides recommendations on the level of mitigation necessary to reduce those impacts. Appendix A to the CEQA Handbook outlines the building permit requirements for facilities potentially subject to air district permitting. The CEQA Handbook was last updated on April 2012. The CEQA Handbook and tools listed below are intended to assist with CEQA reviews.
South County Air Quality Forecast Zone Map
CalEEMod Model: The California Emission Estimator Model (CalEEMod) is the emissions estimation model the District recommends using for landuse project. The model is free and available for download from the link below. The most recent verison of the model should be used.
Final GHG Threshold Supporting Documentation
ARB's Air Quality and Land Use Handbook: As part of the Air Resources Board's (ARB) Community Health Program, they have developed an Air Quality and Land Use Handbook (Handbook) which is intended to serve as a general reference guide for evaluating and reducing air pollution impacts associated with new projects that go through the land use decision-making process. More
ADAM Air Quality Data Statistics allows user to select and view air quality data for various pollutants throughout the State, including trend summaries, days above the standard, daily stats, 24-hour stats, etc.